VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00612 Package ID: USCOURTS-cofc-1_21-vv-00612 Petitioner: Charles Baine Filed: 2021-01-12 Decided: 2024-02-26 Vaccine: influenza Vaccination date: 2019-11-19 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 22000 AI-assisted case summary: Charles Baine filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on or about November 19, 2019. He further alleged that the vaccine was administered in the United States, that he experienced residual effects of his condition for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that Mr. Baine sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. The parties subsequently filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr. Baine was awarded $22,000.00 as compensation for all items of damages available under Section 15(a). This amount represents a compromise of the parties' respective positions on liability and damages. The decision was issued on February 26, 2024. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Julianna Rose Kober of the U.S. Department of Justice. Theory of causation field: Petitioner Charles Baine alleged a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 19, 2019. The respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case, and Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The stipulation states that the parties maintain their positions regarding liability and causation but agree to settle. The award of $22,000.00 represents compensation for all damages available under 42 U.S.C. § 300aa-15(a) and reflects a compromise of the parties' respective positions. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged injury or the settlement terms beyond the agreed-upon compensation amount. The theory of causation is based on the Vaccine Injury Table. The decision date was February 26, 2024. Petitioner's counsel was Bridget Candace McCullough, and respondent's counsel was Julianna Rose Kober. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00612-0 Date issued/filed: 2024-02-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/24/2024) regarding 46 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00612-UNJ Document 50 Filed 02/26/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0612V CHARLES BAINE, Chief Special Master Corcoran Petitioner, Filed: January 24, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021, Charles Baine filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On June 17, 2022, Petitioner filed an amended petition. Petitioner alleges that he suffered a right shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza vaccine received on or about November 19, 2019. Amended Petition at 1; Stipulation, filed January 24, 2024, at ¶¶ 2-4; Ex. 3 at 69. Petitioner further alleges that the vaccine was administered in the United States, he experienced residual effects of his condition for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his injury. Amended Petitionat¶¶2, 11-13;Stipulationat ¶¶ 3-5.“Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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-00612-UNJ Document 50 Filed 02/26/24 Page 2 of 7 Nevertheless, on January 24, 2024, 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 $22,000.00 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-00612-UNJ Document 50 Filed 02/26/24 Page 3 of 7 IN THE UNITED STAT ES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHARLES BAINE, Petitioner, No. 21-0612-V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent SJIPJJJ,ATIQN The parties hereby stipulate to the following matters: l. Cbar]es Baine (''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 vaccine is contained in the Vaccine Inj,.u:y Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on November 19, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shouJder injury related to vaccine administration 0 ("SIRVA ) within the time period set forth in the Table. He further alleges 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 alleged injury. Case 1:21-vv-00612-UNJ Document 50 Filed 02/26/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury. or any other injury; and denies that his current condition is a sequela 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 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lwnp sum of $22,000.00 in the fonn ofa check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-1 S(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner bas filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(aXl), 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 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 under 42 U.S.C. § 300aa-15(g), to the extent that payment bas been made or can reasonably be expected to be made under any State compensation programs, insurance po1icies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § -2- Case 1:21-vv-00612-UNJ Document 50 Filed 02/26/24 Page 5 of 7 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. 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-15(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 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-l S(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of bis heirs, executors, administrators, successors or assigns, does forever irrevocably and wiconditionally release, acquit and discharge the United States and the Secretary of Health and Hwnan 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. § 300aa-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 November 19, 2019, as alleged in a petition for vaccine compensation filed on or about January 12, 2021, in the United States Court of Federal Claims as petition No. 21-612V. Case 1:21-vv-00612-UNJ Document 50 Filed 02/26/24 Page 6 of 7 14. If petitioner should die prior to entry ofj udgment, this agreement sba]J be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. 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 conformity 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 of either party. 16. This StipuJation expresses a fuU 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 a~ion 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 his current disabilities, or that petitioner suffered an injmy contained in the Vaccine Injury Table. 18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I Case 1:21-vv-00612-UNJ Document 50 Filed 02/26/24 Page 7 of 7 Respectfu]ly submitted, PETITIONER: /2)---T CHARLES BAINE ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PE NER: OF THE ATTORNEY GENERAL: e ~ ~4.-le~'\