VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00540
Package ID: USCOURTS-cofc-1_21-vv-00540
Petitioner: Genene Terefe
Filed: 2021-01-11
Decided: 2023-12-15
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 8500

AI-assisted case summary:
Genene Terefe filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 7, 2019. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused the injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Genene Terefe a lump sum of $7,500.00 and $1,000.00 to reimburse a Massachusetts Medicaid lien. These amounts represent compensation for all damages available under the program. The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs. The case was settled based on a compromise of the parties' respective positions as to liability and/or amount of damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00540-0
Date issued/filed: 2023-12-15
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/15/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00540-UNJ Document 40 Filed 12/15/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-540V
GENENE TEREFE, Chief Special Master Corcoran
Petitioner, Filed: November 15, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021, Genene Terefe 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu’) vaccine administered on October 7,
2019. Petition at 1; Stipulation, filed at November 14, 2023, ¶¶ 1, 2. Petitioner further
alleges the vaccine was administered within the United States, that he suffered the effects
of his condition for more than six months, and that there has been no prior award or
settlement on his behalf as a result of his condition. Petition at 1-2; Stipulation at ¶¶ 3-5.
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that
his current condition is a sequelae of a vaccine-related injury. Stipulation at ¶ 6.
1 Because 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.
2 National 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-00540-UNJ Document 40 Filed 12/15/23 Page 2 of 8
Nevertheless, on November 14, 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. A lump sum of $7,500.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8.
B. A lump sum of $1,000.00 representing reimbursement of a
Massachusetts Medicaid lien for services rendered on behalf of
Petitioner, in the form of a check payable jointly to Petitioner and to:
The Commonwealth of Massachusetts -EOHHS,
Casualty Recovery Program,
P.O. Box 417811
Boston, MA 02241;
Case Account Number CRG712415
Petitioner agrees to endorse this check to the Commonwealth of Massachusetts.
Stipulation at ¶ 8. These amounts represents compensation for all 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-00540-UNJ Document 40 Filed 12/15/23 Page 3 of 8
Vinesign Document ID: 1C312B66-FB92-48D9-A94E-05E060646306
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GENENE TEREFE,
Petitioner,
v. No. 21-540V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
S1JJ!U1ATION
The parties hereby stipulate to the following matters:
1. Genene Terefe ("petitioner, 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 an influenza ("flu'') vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"). 42 C.F.R. § 100.3 (a).
2. Petitioner received the subject vaccination on October 7, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table following administration of the vaccine,
and that he experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
The signed document can be validated at https://app. vinesign.comNerify

Case 1:21-vv-00540-UNJ Document 40 Filed 12/15/23 Page 4 of 8
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his
current condition js a sequelae of a vaccine-related iajury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them sha11 be settled and that a decision should be entered awarding the
compensation described in paragraph 8 oft his Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation. and after petitioner has filed an election to receive compensation
pursuant to 42 U. S.C. § 300aa-21 ( a)( 1) , the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
A. A lump sum of$ 7,500.00 in the form of a check payable to petitioner; and
B. A lump sum of Slt000.00, which amount represents reimbursement of a
Massachusetts Medicaid lien for services rendered on behalf of petitioner, in the
form of a check payable jointly to petitioner and to the Commonwealth of
Massachusetts-EOIDIS, Casualty Recovery Program, P.O. Box 417811, Boston,
MA 02241; Case Account Number CRG7124 IS. Petitioner agrees to endorse and
forward the check to the Commonwealth of Massachusetts.
These amounts represent compensation for all damages that would be available
under 42 U.S.C. §300aa-J S(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l), and an application, the parties wiJl submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his 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
2

Case 1:21-vv-00540-UNJ Document 40 Filed 12/15/23 Page 5 of 8
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XlX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 oft his Stipulation will be made in accordance with 42 U.S.C. § 300aa
l5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate tha~ except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, 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-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary 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 Injury Compensation
Program, 42 U.S.C. § 30088-10 et 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, the flu vaccination administered on October 7, 2019, as
3

Case 1:21-vv-00540-UNJ Document 40 Filed 12/15/23 Page 6 of 8
alleged by petitioner in a petition for vaccine compensation filed on or about January 11, 2021,
in the United States Court of Federal Claims as petition No. 2 l •540V.
14. If petitioner should die prior to entry ofj udgment. this agreement shall be voidable
upon proper notice to the Court on behalf of either or both oft he parties.
IS. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion ofe ither party.
t 6. 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 this
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 flu vaccine caused petitioner's alleged shoulder
injury or any other injury or his current condition, 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, successorsi and/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00540-UNJ Document 40 Filed 12/15/23 Page 7 of 8
Respectfully submitted,
PETITIONER:
GENENE TEREFE
AITORNEYOFRECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF TIIE AI TORNEY GENERAL:
~
Q,
--.M cY::hu ~ ~
.I.
HEATHER L. PEARLMAN
Muller Brazil, LLP Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Tel: (215) 885-1655 U.S. Department ofJ ustice
paul@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF RESPONDENT:
HEALTH AbyND HUMAN
SERVICES:
Henry P.
=~~nec11,yKon1y,.
by Mcmman-ss 1026
:,20ll ":3~
CDR GEORGE GRIMES, MD, MPH Trial Attorney
Director, Division oflnjury Torts Branch
Compensation Programs Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 616-4847
5600 Fishers Lane, 08W-25A Rockville, Email: amanda.y.pasciuto@usdoj.gov
MD20857
i
II" IJoJ3
Dated;
1 I
s

Case 1:21-vv-00540-UNJ Document 40 Filed 12/15/23 Page 8 of 8
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