VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00621
Package ID: USCOURTS-cofc-1_21-vv-00621
Petitioner: Traci F. Cremeans
Filed: 2021-01-12
Decided: 2023-05-30
Vaccine: influenza
Vaccination date: 2020-01-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 37500

AI-assisted case summary:
Traci F. Cremeans filed a petition for compensation on January 12, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 13, 2020. She further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused her alleged injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on April 25, 2023, agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The decision, dated May 30, 2023, awarded Traci F. Cremeans $37,500.00 as compensation for all damages available under Section 15(a) of the Vaccine Act. This amount was to be paid as a lump sum in the form of a check payable to the petitioner. The case was processed as a Table claim for SIRVA. Petitioner was represented by Coyreen Weidner of Moore, Corbett, Heffernan, Moeller & Meis LLP, and the respondent was represented by Mitchell Jones of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Traci F. Cremeans received an influenza vaccine on January 13, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA) as set forth in the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $37,500.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation, dated April 25, 2023, and the decision, dated May 30, 2023, do not detail the specific mechanism of injury or name any experts. Petitioner was represented by Coyreen Weidner, and Respondent by Mitchell Jones.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00621-0
Date issued/filed: 2023-05-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/26/2023) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00621-UNJ Document 55 Filed 05/30/23 Page 1 of 7
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0621V
UNPUBLISHED
TRACI F. CREMEANS, Chief Special Master Corcoran
Petitioner, Filed: April 26, 2023
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Coyreen Weidner, Moore, Corbett, Heffernan, Moeller & Meis LLP, Sioux City, IA, for
Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Traci F. Cremeans 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 an influenza vaccination she received on January
13, 2020. Amended Petition at 1-2; Stipulation, filed at April 25, 2023, ¶¶2, 4. Petitioner
further alleges that she has suffered the residual effects of her vaccine injury for more
than six months. Petition at ¶45; Stipulation at ¶4. Respondent denies “that the flu vaccine
caused Petitioner’s alleged injury, or any other injury, and further denies that Petitioner’s
current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶6.
Nevertheless, on April 25, 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.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012).

Case 1:21-vv-00621-UNJ Document 55 Filed 05/30/23 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $37,500.00 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-00621-UNJ Document 55 Filed 05/30/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TRACI F. CREMEANS, )
)
Petitioner, )
) No. 21-621V (ECF)
V. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
______Re_sp_ond_ent_. _______)
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Traci Cremeans (''petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (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 Injury Table (the
''Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on January 13, 2020 in her left arm.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") as set forth in the Table. Petitioner further alleges that she 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 her behalf as a result of her condition.

Case 1:21-vv-00621-UNJ Document 55 Filed 05/30/23 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner's alleged injury, or any other
injury, and further denies that petitioner's current disabilities are 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 ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$37,500.00, in the form 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 after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U. S.C. § 300aa-2 l (a)( 1) , 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
under 42 U.S.C. § 300aa-15(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 XIX of the Social Security Act (4 2 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

Case 1:21-vv-00621-UNJ Document 55 Filed 05/30/23 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation 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 petitioner's benefit 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-l5(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 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. § 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 January 13, 2020, as
alleged by petitioner in a petition filed on January 12, 2021, in the United States Court of Federal
Claims as petition No. 21-621 V.
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 of the parties.

Case 1:21-vv-00621-UNJ Document 55 Filed 05/30/23 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns
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 this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amowit 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 that her current disabilities are sequelae of her alleged vaccine-related
injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION

Case 1:21-vv-00621-UNJ Document 55 Filed 05/30/23 Page 7 of 7
Respectfully submitted,
PETITIONER:
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TRACI CREMEANS
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
---
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HEATHER L. PEARLMAN
Moo e, Corbett, Moeller & Meis, LLP Deputy Director
300 U.S. Bank Building Torts Branch
501 Pierce Street Civil Division
P.O. Box 3207 U.S. Department of Justice
Sioux City, Iowa 51102 P.O. Box 146
(712) 252-0020 Benjamin Franklin Station
cweidner@moorecorbett.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT: ----
AND HUMAN SERVICES:
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Henry P OlgltallyslgnedbyH~nry ~ -
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by Mcmillan -S3 :~~2021.04.1a u.s•:s2
CDR GEORGE REED GRIMES, MD, MPH MlTCHELL JONES
Director, Division of Injury 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, 08N 146B Tel: (202) 305-1748
Rockville, MD 20857 mitchell.jones@usdoj.gov
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Dated: OL/ \