VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00781
Package ID: USCOURTS-cofc-1_21-vv-00781
Petitioner: Sara MacPhee
Filed: 2021-01-21
Decided: 2024-08-13
Vaccine: influenza
Vaccination date: 2020-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Sara MacPhee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2020. The flu vaccine is listed on the Vaccine Injury Table, and MacPhee alleged her injury occurred within the Table's timeframe. She also claimed the vaccine caused her shoulder injury or significantly aggravated a pre-existing condition, and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that MacPhee sustained a SIRVA Table injury, denied that the vaccine caused her alleged injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as her decision. MacPhee was awarded a lump sum of $95,000.00, representing compensation for all items of damages available under the Vaccine Act. This award covers all damages, and the parties agreed to proceed with proceedings for attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00781-0
Date issued/filed: 2024-08-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/08/2024) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00781-UNJ Document 48 Filed 08/13/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0781V
SARA MACPHEE, Chief Special Master Corcoran
Petitioner,
v. Filed: July 8, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 21, 2021, Sara MacPhee 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 2, 2020, Petitioner received an influenza (“flu”) vaccine, which
vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(“SIRVA”) within the time period set forth in the Table. In the alternative, Petitioner alleges
that she suffered a shoulder injury that was caused-in-fact and/or significantly aggravated
by the flu vaccine. Petitioner further alleges that she experienced the residual effects of
this alleged injury for more than six months.
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-00781-UNJ Document 48 Filed 08/13/24 Page 2 of 7
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 sequela of a vaccine-related injury.
Nevertheless, on July 8, 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 $95,000.00 in the form of a check payable to Petitioner.
Stipulation at 2. 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.
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Case 1:21-vv-00781-UNJ Document 48 Filed 08/13/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SARA MACPHEE,
Petitioner, No. 21-781 V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEAL TH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Sara Mac:Phee ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Progrc111, 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") Vc£Cine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a)
2. Petitioner received a flu vc£Cine on October 2, 2020.
3. The vaccine Wt£, acininistered wi1hin the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine acininistration
("SIRVA") following receipt of the flu voccine wi1hin the time period set forth in the Table. She
further alleges 1hat she experienced the residual effocts of this condition for more 1han six
months.
1

Case 1:21-vv-00781-UNJ Document 48 Filed 08/13/24 Page 4 of 7
5. Petitioner represents 1hat there has been no prior award or settlement of a civi I action
for daTiages on her behalf as a result of her alleged injury.
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 sequela of a voccine-related injury.
7. Maintaining their above-stated pooitions, the parties never1heless now agree that the
i~b etween them shal I be settled, arid 1hat a decision should be entered awarding 1he
compensation deocribed in pcw-ag~h 8 of this Stipulation.
8. As soon as procticable after a, entry of judgnent reflecting a decision consistent with
the terms of 1his Stipulation, c¥1d after petitioner has filed a, election to receive compensation
pursuaitto 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Huma, Services will issue
the following vmne ccmpensation payment:
A lump sum of $95,000.00 in 1he form of a dleck payable to petitioner. This aTIOunt
represents compensation for all da"nages 1hat would be avai lii:>le under 42 U.S.C. §
300aa-15(a).
9. As soon as procticable after the entry of judgment on entitlement in 1his case, aid after
petitioner has filed both a proper end timely election to receive ccmpensation pursuc11t to 42
U.S.C. § 300aa-21(a)(1), aid 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 aid her attorney represent that compensation to be provided pursua,t 1D
1his Stipulation is not for any items or services for whidl 1he Progran is not primarily liable
under 42 U.S.C. § 300aa-1 S(g), to the extent that payment has been made or ca, reasonably be
2

Case 1:21-vv-00781-UNJ Document 48 Filed 08/13/24 Page 5 of 7
expected to be made under aiy State compensation prograTIS, insurance policies, Federal or
State heal1h benefits prognms (o1her tha1 Title XIX of 1heSocial Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide heal1h services on a pre-paid basis.
11. Payment made pursucllt to paragrcµ1 8 and any ITT10l.m1s awarded pursucllt to
paragraph 9 of this Stipulation will be made in accordance with 42 U. S.C. § 3QOaa-15(i), subject
to 1he avai lcbi Ii ty of sufficient statutory funds.
12. The parties l3ld their attorneys further agree c11d stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to 1his Stipulation wi 11 be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §300aa-15(a) md (d), end subject to the conditions of 42 U.S.C.
§ 300aa-1 S(g) aid {h).
13. In return for the payrnen1s deocribed in paragraphs 8 c11d 9, petitioner, in her
individual capacity, md on behalf of her heirs, executors, achlinistrators, Sl.JCCEm:)rs or a;signs,
does forever irrevocably and unconditionally rel~, ocquit md discharge the United States and
the Secretary of Health end Human Services from any and all actions or calL':lE!S of action
(including agreenen1s, judgnen1s, claims, dcmages, loss of lBVices, expenses and all demands
of whatever kind or nature) that have been brought, oould have been brought, or could be timely
brought in the Court of Federal Claims, under the National Voccine Injury Compensation
Progran, 42 U. S.C. § 300aa-10 et seq., on account of, or in aiy way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or allegg:f to have resulted from, the flu vaccination acministered on October 2, 2020, as
alleged in a petition for vaccine compensation filed on or about January 21, 2021, in the United
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Case 1:21-vv-00781-UNJ Document 48 Filed 08/13/24 Page 6 of 7
S1ates Court of Federal Claims c6 petition No. 21-781 V.
14. If petitioner should die prior to entry of judgnent, 1his agreement shal I be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fai Is to i$1.Je a docision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgnent in conformity with a
decision that is in com,:>lete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole diocretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of lict>ility and
dcmages claimed under the National Childhood Vaccine Injury Act of 1986, c6 anendoo, except
c6 otherwise noted in paragraph 9 ciJove. There is cilsolutely no agreement on the part of the
parties hereto to make any payment or to do cllY a;t or 1hing other thi:fl is herein expressly stated
and clearly cJJreed to. The parties further agree i:fld understaid 1hat the award deocribed in this
Stipulation may reflect a comprcmise of the parties' respective pcsitions as to liciJi lity and/or
anount of daTiages, aid further, that a chaige in 1he nature of the injury or condition or in the
items of COfTl)erlSation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed c6 i:f1 admission by the Unite:1 States or the
Secretary of Health and Huran Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, or 1hat petitioner suffered c11 injury contained in the
Voccine Injury Table.
18. A II rights i:Vld obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, cV1d/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00781-UNJ Document 48 Filed 08/13/24 Page 7 of 7
R~ully submitted,
PETIT! ONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
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~ H-v~u;-u~ f1JldA_
A HEATHE~ARLMAN
Law Offices O eah Ulcflt, PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Brcnch
Washington, DC 20006 Civil Division
(202) 775-9200 U.S. Department of ...ustice
Emai I: Ldurc11t@durc11tlle.com P.O. Box 146
BenjcJ11in Frc11klin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
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AND HUMAN SERVICES: fcW0tdP
George R. Grimes DlgltallyslgnedbyGeorgeR. b;)~e~~
Grimes •514
-514 Date: 2024.06.17 11 :49:13 -()4'00'
CDR GEORGE REED GRIMES, MD, MPH ZOE R. WADE
Dira=tor, Division of Injury Trial Attorney
Compensation Prognrns Torts Br cl1Ch
Heal1h Systems Bureau Civil Division
Heal1h Resources c11d Services U. S. Department of ..1Jstice
Acininistration P.O. Box 146
U.S. Department of Health Benjc111in Franklin
and Human Services Washington, DC 20044-0146
5600 Fishers Lc11e, 08W-25A (202) 616-4118
Rockvi I le, MD 20857 Email: zoe.wade@usdoj.gov
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