VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00950
Package ID: USCOURTS-cofc-1_21-vv-00950
Petitioner: Tammy Bosford
Filed: 2021-02-19
Decided: 2023-04-11
Vaccine: influenza
Vaccination date: 2020-01-09
Condition: left Shoulder Injury Related to Vaccination (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Tammy Bosford filed a petition for compensation on February 19, 2021, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on or about January 9, 2020. Respondent denied that the vaccine caused the alleged SIRVA or significantly aggravated a pre-existing injury. The parties filed a joint stipulation on February 27, 2023, agreeing to settle the case. Pursuant to the stipulation, Chief Special Master Brian H. Corcoran awarded Tammy Bosford $43,248.68 payable to her and $6,751.32 to reimburse a Medicaid lien. This award represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was finalized on April 11, 2023. Petitioner was represented by Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC. Respondent was represented by Felicia Langel of the U.S. Department of Justice.

Theory of causation field:
Petitioner Tammy Bosford alleged a left Shoulder Injury Related to Vaccination (SIRVA) caused by an influenza vaccine administered on or about January 9, 2020. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a decision on April 11, 2023, awarding Petitioner $43,248.68 and $6,751.32 for a Medicaid lien. Petitioner was represented by Mark Theodore Sadaka, and Respondent by Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00950-0
Date issued/filed: 2023-04-11
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/28/2023) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00950-UNJ Document 54 Filed 04/11/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-950V
UNPUBLISHED
TAMMY BOSFORD, Chief Special Master Corcoran
Petitioner, Filed: February 28, 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)
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for
Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 19, 2021, Tammy Bosford 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”) caused by an influenza (“flu”) vaccine administered on or about
January 9, 2020. Petition at 1; Stipulation, filed at February 27, 2023, ¶¶ 1, 2. Petitioner
further alleges that the vaccine was administered within the United States, that she
experienced the residual effects of her condition for more than six months, and that there
has been no prior award or settlement of a civil action for damages as a result of her
condition. Petition at 1-4; Stipulation at ¶¶ 3-5. Respondent denies that the flu vaccine
caused Petitioner’s alleged SIRVA or any other injury or condition, or that the vaccine
significantly aggravated a pre-existing injury, and denies that Petitioner’s alleged injury or
condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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-00950-UNJ Document 54 Filed 04/11/23 Page 2 of 8
Nevertheless, on February 27, 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. A lump sum of $43,248.68 in the form of a check payable to Petitioner;
and
b. A lump sum of $6,751.323 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 Petitioner4 and the New York State
Department of Health:
New York State Department of Health
Attn: Mya Brown
Re: Claim #195870
P.O. Box 415874
Boston, MA 02241-5874
These amounts 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.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 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
State of New York has made to or on behalf of petitioner as a result of her alleged injury relating to a
vaccine administered on January 9, 2020, under Title XIX of the Social Security Act, see 42 U.S.C. §
300aa-15(g), (h).
4 Petitioner agrees to endorse this check to the New York State Department of Health.
5 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-00950-UNJ Document 54 Filed 04/11/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TAMMY BOSFORD,
Petitioner,
V. No. 21-950V
Chief Special Master Corcoran
SECRETARY OF HEAL1 H AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Tammy Bosford ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 ("Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (''Table"}, 42
C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on or about January 9, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her to develop a left Shoulder Injury
Related to Vaccination ("SIRVA"}, or that the vaccine significantly aggravated a pre-existing
injury, and 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 as a result of her condition.

Case 1:21-vv-00950-UNJ Document 54 Filed 04/11/23 Page 4 of 8
6. Respondent denies that the flu vaccine caused petitioner's alleged SIRVA or any other
injury or condition, or that the vaccine significantly aggravated a pre-existing injury, and denies
that petitioner's alleged injury or 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 entry 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(aXI), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $43,248.68 in the fonn of a check payable to petitioner; and
b. A lump sum of $6,75 l .321 representing reimbursement of a Medicaid lien for services
rendered to petitioner by the State of New York, in the fonn of a check payable jointly
to petitioner and the New York State Department of Health:
New York State Department of Health
Attn: Mya Brown
Re: Claim # 195870
P.O. Box 415874
Boston, MA 02241-5874
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. § 300aa-l 5(a).
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 State of New York has made to or on behalf of petitioner as a result of
her alleged injury relating to a vaccine administered on January 9, 2020, under Title XIX of the
Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:21-vv-00950-UNJ Document 54 Filed 04/11/23 Page 5 of 8
..
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-2l(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.
I 0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Vaccine Program is not primarily
liable under 42 U.S.C. § 300aa-1 S(g), including State compensation programs, insurance
policies, Federal or State health benefits programs (other than Title XIX of the Social Security
Act), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-l 5(i) and 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-1_5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(g) and (h).
13. In return for the payment described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity and on behalf of her heirs,
executors, administrators, successors, and/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,
3

Case 1:21-vv-00950-UNJ Document 54 Filed 04/11/23 Page 6 of 8
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 Vaccine Program 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 vaccine administered on or about January
9, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about
February 19, 2021, in the United States Court of Federal Claims as petition No. 2 l-950V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court of Federal Claims on behalf of either or both of the parties.
15. If the 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 confonnity 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 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.
4

Case 1:21-vv-00950-UNJ Document 54 Filed 04/11/23 Page 7 of 8
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 or significantly aggravated
petitioner's alleged SIRVA or any other injury or condition.
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-00950-UNJ Document 54 Filed 04/11/23 Page 8 of 8
Respectfully submitted,
PETITIONER:
TAMMY BOSFORD
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ - - - - ---
~ ~~
MARKT. SADAK.A, ESQ., MSPH HEATHER L. PEARLMAN
SADAKA ASSOCIATES LLC Deputy Director
155 North Dean Street, 4th Floor Torts Branch
Englewood, NJ 07631 Civil Division
mark@sadakafirrn.com U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Henry p d;:~:L
Olgitally signed by Hen.y
by • I P.Mcmillan-S3
Mcmillan -S,
3 : -~~ 23.02.111s;34:33
CDR GEORGE REED GRIMES, MD, MPH FELICIA D.'LAGEL
Director, Division oflnjury 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 Hea)th Benjamin Franklin Station
and Human Services Washington, D.C. 20044-0146
5600 Fishers Lane, 08N l 46B felicia.d. langel@usdoj.gov
Rockville, MD 20857
6