VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00454
Package ID: USCOURTS-cofc-1_21-vv-00454
Petitioner: Lorraine Suba
Filed: 2021-01-11
Decided: 2024-01-29
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2020-02-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Lorraine Suba filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate vaccine she received on February 10, 2020. She also alternatively alleged a claim of causation-in-fact and/or significant aggravation. Respondent denied that Petitioner sustained SIRVA or that the vaccine caused or aggravated her injury. Despite these denials, the parties filed a joint stipulation on December 18, 2023, agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation as the decision, awarding Lorraine Suba a lump sum of $40,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the stipulation was approved as a full and complete negotiated settlement of liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00454-0
Date issued/filed: 2024-01-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/19/2023) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00454-UNJ Document 48 Filed 01/29/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0454V
LORRAINE SUBA, Chief Special Master Corcoran
Petitioner, Filed: December 19, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021, filed a petition for compensation under the National Vaccine
Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”).
Petitioner alleges that she suffered a shoulder injury related to vaccine administration
(“SIRVA”) as a result of a pneumococcal conjugate vaccine administered on February 10,
2020. Petition at 1; Stipulation, filed on December 18, 2023, at ¶¶ 2, 4. In the alternative,
Petitioner alleges a claim of causation-in-fact and/or significant aggravation. Petition at 1;
Stipulation at ¶ 4. Petitioner further alleges that she received the vaccine in the United
States, that she experienced the residual effects of her injury for more than six months,
and there has been no prior award or settlement of a civil action as a result of his
condition.” Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained injuries including SIRVA; denies that the pneumococcal conjugate vaccine
caused or significantly aggravated [P]etitioner’s alleged left shoulder injury, or any other
1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00454-UNJ Document 48 Filed 01/29/24 Page 2 of 7
injury; and denies that her current condition is a sequelae of a vaccine-related injury.”
Stipulation at ¶ 6.
Nevertheless, on December 18, 2023, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $40,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:21-vv-00454-UNJ Document 48 Filed 01/29/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LORRAINE SUBA,
Petitioner,
No. 21-454V (ECF)
V. Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Lorraine Suba, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of pneumococcal conjugate vaccine, which is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I 00.3 {a).
2. Petitioner received a pneumococcal conjugate vaccine in her left deltoid on or
about February 10, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she subsequently developed shoulder injury related to
vaccine administration ("SIRVA") as a result of her vaccination. She alternatively alleges
causation-in-fact and/or significant aggravation. She further alleges that she has experienced
residual effects of this injury for more than six months.

Case 1:21-vv-00454-UNJ Document 48 Filed 01/29/24 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her condition.
6. Respondent denies that petitioner sustained injuries including SIRVA; denies that
the pneumococcal conjugate vaccine caused or significantly aggravated petitioner's alleged left
shoulder injury, or any other injury; and denies that her current condition is a sequelae of a
vaccine-related injury.
7. Maintaining their above•stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the tcnns of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $40,000.00 in the fo1m of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
aflcr petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 l(a)( l ), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under42 U.S.C. § 300aa-15(g), to the extent tl1at payment has been made or can reasonably be
2

Case 1:21-vv-00454-UNJ Document 48 Filed 01/29/24 Page 5 of 7
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XJX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health se1vices on a pre-paid basis.
l l. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees, and litigalion costs, the money provided pursuant to this Stipulation
will be used solely for the benefit of petitioner as contemplated by a strict construction of 42
U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secreta1y of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine fnjury Compensation
Program, 42 U.S.C. § 300aa-l0 ct seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from a pneumococcal conjugate vaccine administered on or
about February I 0, 2020, as alleged by petitioner in a petition for vaccine compensation filed on
or about January l I, 2021, in the United States Court of Federal Claims as petition No. 21-454 V.
3

Case 1:21-vv-00454-UNJ Document 48 Filed 01/29/24 Page 6 of 7
14. lf petitioner should die prior to entry of judgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
15. 1f the special master fails to issue a decision in complete conformity with the
tcnns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine injury Act of 1986, as amended,
except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of
the parties hereto to make any payment or to do any act or thing other than is herein expressly
stated and clearly agreed to. The parties further agree and understand that the award described in
lhis Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her cun-ent disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00454-UNJ Document 48 Filed 01/29/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
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LORRAINE SUBA
ATTORNEY OF RECORD :FOR AUTHORIZED REPRESENTATIVE
PETITT ONER: OF THE ATTORNEY GENERAL:
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L V.DURA T HEATHER L. PEARLM~
LAW OFFICES OF LEAH V. DURANT, PLLC Deputy Director
1717 KStreetNW, Suite 900 CivH Division
Washington, DC 20006 U.S. Department of Justice
(202) 775-9200 P.O. Box 146
Lduranl(a).durantllc,com Benjamin Franklin Station
Washington, DC 20044-0146
• AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
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CDR GEORGE REED GRIMES, MD, MPH KATHERINE C. ESPOSITO
Director, Division of I~jury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
u.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A Tel: (202) 305-3774
Rockville, MD 2085 7 Ernai I: katherine.esposito@usdoj.gov
Dated: IUIJ'h0?.3
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