VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00658
Package ID: USCOURTS-cofc-1_21-vv-00658
Petitioner: Dayna Higgins
Filed: 2021-01-12
Decided: 2023-06-22
Vaccine: influenza
Vaccination date: 2019-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 54000

AI-assisted case summary:
Dayna Higgins filed a petition for vaccine compensation on January 12, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 4, 2019. She stated the vaccine was administered in the United States, the injury's effects lasted over six months, and she had not received prior compensation. Respondent denied that Ms. Higgins sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these positions, the parties filed a joint stipulation on May 18, 2023, agreeing to settle the case. The court adopted the stipulation, awarding Ms. Higgins a lump sum of $54,000.00. This amount represents compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount, resolving all claims for damages and releasing the United States from further liability related to this vaccination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00658-0
Date issued/filed: 2023-06-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/22/2023) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00658-UNJ Document 33 Filed 06/22/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-658V
UNPUBLISHED
DAYNA HIGGINS, Chief Special Master Corcoran
Petitioner, Filed: May 22, 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)
Howard Scott Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Dayna Higgins 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) after administration of the influenza (flu) vaccine on October 4,
2019. Petition at 1; Stipulation, filed at May 18, 2023, ¶¶ 1-2. Petitioner further alleges
that the vaccination was administered within the United States, the effects of the injury
lasted for more than six months after the vaccination, and that she has never received
compensation in the form of an award or settlement for her injuries. Petition at 1, 3;
Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury;
denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury;
and denies that her 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 (2012).

Case 1:21-vv-00658-UNJ Document 33 Filed 06/22/23 Page 2 of 7
Nevertheless, on May 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 $54,000.00 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-00658-UNJ Document 33 Filed 06/22/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DAYNA HIGGINS. )
)
Petitioner, )
) No. 21-6S8V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent )
STIPULATION
The parties hereby stipulate to the following matters:
1. Dayna Hjggins, 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 ("fl\1'') vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table''), 42 C.F.R. § 100.J(a).
2. Petitioner received the flu vaccifie on October 4, 2019.
3. The vaccine was administered within the United·States.
4. Petitioner alleges that she sust.ained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table. She further alleges that she experienced
the residual effects of this condition for more than six months.
5. Petitioner represents that there bas been no prior award or settlement of a civil action
for damages as a result of her alleged injury.

Case 1:21-vv-00658-UNJ Document 33 Filed 06/22/23 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 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 ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner bas filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary ofH ealth and Human Services will issue
the following vaccine compensation payment:
A lump sum of $54,000.00 in the fonn of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-1S(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 will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
l 0. 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 bas 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 oft he Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:21-vv-00658-UNJ Document 33 Filed 06/22/23 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 unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of4 2 U.S.C.
§ 300aa-1 S(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 ofF ederal Claims, undez 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 ofp etitioner resulting
from, or alleged to have resulted from. the flu vaccination administered on October 4, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 12, 2021,
in the United States Court of Federal Claims as petition No. 21-6S8V.
14. Ifp etitioner 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.
3

Case 1:21-vv-00658-UNJ Document 33 Filed 06/22/23 Page 6 of 7
15. Ift he special master fails to issue a decision in complete confonnity 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 confonnity with the tenns of this Stipulation, then the parties'
settlement and this StipuJation 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
amount of damag~ and :further, that a change in the nature of the injury or condition or in the
items ofc ompensation 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 injmy or
any other injury or her current 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-00658-UNJ Document 33 Filed 06/22/23 Page 7 of 7
Respectfully submitted.
PETITIONER:
ATIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETfflONER: OF THE ATrORNEY GENERAL:
~-~P~
~ u 2 A ~
OWARD S. GOLD HEATHER L. PEARLMAN
O::wFirm,LLC~.. Deputy Director
83 Walnut Street Torts Branch
Suite 150 Civil Division
Wellesley Hills, MA02481 U.S.DepartmentofJustice
Tel: (781) 239·1000 P.O.Box 146
Email: hgold@eo1dlawfirm.net Benjamin Franklin Station
Washington, OC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND BUMAN SERVICES:
George R. Grimes •i
01g1ta1y signed by George R.
l Grlmes•S14
S14 ./ ~ 1e:20u.os.0909:S41l8-G4'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injwy Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources B(ld 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, 08Nl46B Tel: (202) 305-3781
Rockville, MD 20857 Email: oina,ren@usdoj.1ov
_6_/
1_2 /i_j _
Dated:
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