VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00693
Package ID: USCOURTS-cofc-1_21-vv-00693
Petitioner: Amanda Prieur
Filed: 2021-01-12
Decided: 2024-06-25
Vaccine: influenza
Vaccination date: 2020-11-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 28100

AI-assisted case summary:
Amanda Prieur filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on November 20, 2020. She claimed the vaccine was administered in the United States and that she suffered residual effects for more than six months. Respondent denied that Petitioner 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 16, 2024, agreeing to settle the case. The court adopted the stipulation as its decision, awarding Petitioner a lump sum of $25,000.00 and an additional $3,100.04 to reimburse a Medicaid lien for services rendered by the State of New York. These amounts represent compensation for all items of damages available under the Vaccine Act. The case was resolved via stipulation, with the court awarding compensation based on the agreement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00693-0
Date issued/filed: 2024-06-25
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/16/2024) regarding 57 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00693-UNJ Document 61 Filed 06/25/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0693V
AMANDA PRIEUR, Chief Special Master Corcoran
Petitioner, Filed: May 16, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Amanda Prieur 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 October 5, 2022, Petitioner filed an amended petition. Petitioner
alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza vaccine received on November 20, 2020. Amended Petition
at 1; Stipulation, filed May 16, 2024, at ¶¶ 2-4. Petitioner further alleges that the vaccine
was administered in the United States, she suffered the residual effects of her injury for
more than six months, and no lawsuits havebeen filed or settlements or awards accepted
by anyone, including Petitioner, due to her vaccine-related injury. Amended Petition at
¶¶ 19-21; Stipulation at ¶¶ 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 petitioner’s 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-00693-UNJ Document 61 Filed 06/25/24 Page 2 of 8
Nevertheless, on May 16, 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. A lump sum of $25,000.00 in the form of a check payable to Petitioner;
and
B. A lump sum of $3,100.04, representing reimbursement of a Medicaid
lien for services rendered to Petitioner by the State of New York, in the
form of a check payable jointly to Petitioner and the New York State
Department of Health:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Recovery Case #: 209901
Recipient: Amanda Prieur
Petitioner agrees to endorse this check to the New York State Department of
Health.
These amounts represent compensation for all items of damages that would be
available under Section 15(a). Id.
Stipulation at ¶ 8.
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-00693-UNJ Document 61 Filed 06/25/24 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AMANDA PRIEUR )
)
Petitioner, ) No. 21-693V
) Chief Special Master Corcoran
V. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
___ Re _ spo _ nd _ ent. _ _______)
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Amanda Prieur, 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 the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the vaccine in her right arm on or about November 20, 2020.
3. The vaccine was administered within the United States.
4. The petition alleges a claim of a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table, or in the alternative, that the alleged
shoulder injury was caused by the vaccine. The petition fmther alleges that petitioner
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 arising out of the alleged vaccine injury.
l

Case 1:21-vv-00693-UNJ Document 61 Filed 06/25/24 Page 4 of 8
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
petitioner's 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 ently of judgment 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A A lump sum of $25,000.00 in the form of a check payable to petitioner; and
B. A lump sum of $3,100.04,l representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of New York, in the form of a check
payable jointly to petitioner and the New York State Department of Health:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Recovery Case #: 209901
Recipient: Amanda Prieur
Petitioner agrees to endorse this check to the New York State Department of Health.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
1
This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of New York may have against any individual as a result of any
Medicaid payments the New York State Medicaid Program has made to or on behalf of Amanda
Prieur as a result of her alleged vaccine-related injury suffered on or about November 20, 2020,
under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:21-vv-00693-UNJ Document 61 Filed 06/25/24 Page 5 of 8
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-21(a)(l), and an application, the parties will submit to fmther proceedings
before the special master to award reasonable attorneys' fees and costs incurred in any
proceeding upon this petition.
10. Petitioner and petitioner's 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 ( 42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis, and
represent that they have identified to respondent all known sources of payment for items or
services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g).
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-l 5(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 petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
3

Case 1:21-vv-00693-UNJ Document 61 Filed 06/25/24 Page 6 of 8
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 United States 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 20, 2020, as alleged in a petition for vaccine compensation filed on
or about January 12, 2021, and an amended petition filed on or about October 5, 2022, in the
United States Court of Federal Claims as petition No. 21-693V.
14. If 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. If the special master fails to issue a decision in complete conformity with the terms of
this Stipulation or if the United States 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
4

Case 1:21-vv-00693-UNJ Document 61 Filed 06/25/24 Page 7 of 8
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 vaccine caused petitioner's alleged injw-y or
any other injury or petitioner's 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, successors, and/or assigns.
END OF STIPULATION
5

Case 1:21-vv-00693-UNJ Document 61 Filed 06/25/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
AT IORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~cm.«L C.. Konw-
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Ckw>hntL G(§fvt.1Jµ ~tJlJ i"3, I {t)l'i) ~cbf1...0~P~
RONALD HOME HEATHER L PEARLMAN
JOSEPH PEPPER Deputy Director
Conway Homer, P.C. Torts Branch, Civil Division
16 Shawmut Street U.S. Department of Justice
Boston, MA 02116 P.O. Box 146
617-695-1990 Benjamin Franklin Station
jpepDer@ccandh.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVJCES:
George R.
OlglrallysigMd b~ George R.
Grlmu-514
Grimes -514
o,,e:2024.04.2sos:34:40-01w
CDR GEORGE REED GRIMES, MD, MPH p
Director, Division ofTnjury T al Attorney
Compensation Programs Torts Branch, 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 and Washington, DC 20044-0146
Human Services 202-305-4035
5600 Fishers Lane, 08W-25A 12arisa.tnbussian1~:.usdoj. gov
Rockville, MD 20857
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Dated: _ S_-_-_/._ ..
6