VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01426 Package ID: USCOURTS-cofc-1_21-vv-01426 Petitioner: Katie M. Gesch Filed: 2021-06-03 Decided: 2024-05-24 Vaccine: influenza Vaccination date: 2018-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Katie M. Gesch filed a petition for vaccine compensation on June 3, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 15, 2018. She further alleged that she has suffered the residual effects of this injury for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on April 18, 2024, agreeing to settle the case and award compensation. The stipulation states that the influenza vaccine is contained in the Vaccine Injury Table and that Petitioner alleges she sustained a Table SIRVA within the time period set forth in the Table. The Chief Special Master adopted the stipulation as the decision awarding damages. Katie M. Gesch was awarded a lump sum of $100,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01426-0 Date issued/filed: 2024-05-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/19/2024) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01426-UNJ Document 39 Filed 05/24/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1426V KATIE M. GESCH, Chief Special Master Corcoran Petitioner, Filed: April 19, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Michael Russell, Von Briesen & Roper, S.C., for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 3, 2021, Katie M. Gesch 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”) following an influenza vaccination she received on October 15, 2018. Petition at 1; Stipulation, filed at April 18, 2024, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual effects of her injury for more than six months. Petition at ¶ 16; Stipulation at ¶ 4. “Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged SIRVA, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on April 18, 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. 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 (2018). Case 1:21-vv-01426-UNJ Document 39 Filed 05/24/24 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $100,000.00 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 C ase 1:21-vv-01426-UNJ Document 39 Filed 05/24/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KATI E M GESCH, Pe1111oner, v. No. 2I-1426V Chief Special Master Brian H Corcoran SECRETARY OF Hf-:ALTH AND ECF HUMAN SERVICES. Respondent T SIPULATION The panics hereby supulate to the following matters: I. Katie Gesch ("pctit,oncr�) filed a pctillOn for vacc inc compensation under the National Vaccine Injury Compensation Program,42 USC § J00aa-10 to 34 (the "Vaccine Program") The petition seeks compensation for injuries allegedly related to petlt1oner's receipt ofan influenza ("flu") vaccine, which vaccine is contruncd in the Vaccine lnJury Table {the "Table"), 42 C.F R § 100 3(a) 2 Petitioner received a flu vaccinalton on October 15, 2018 3 The flu vaccine was administered within the United Slates. 4 Petitioner 111leges that she susiained a Table shoulder mJury related to vaccine administration ("SIRVA'') within the time period set forth in the Table following administration of the vaccine. Peuuoner funhcr alleges that she experienced the resrduaf effects ofth1s condition for more than six months 5. Petitioner represents th111 there has been no prior award or settlement ofa civil action for damages on her behalf as a result of her cond1tIon C ase 1:21-vv-01426-UNJ Document 39 Filed 05/24/24 Page 4 of 7 6 Respondent denies that petitioner sustained a SIRVA Table in;ury. denies that the flu vaccine caused petitioner's alleged SlRVA, or any other injury: and denies that petitioner's current cond1tlon 1s a sequela of a vaccine-related mJury. 7 Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be sculed and that a dec1s1on should be entered awarding the compemation described ,n paragraph 8 of this Stipulation. 8. As soon as pract1cabh: after an entry ofj udgment retlcct,ng a dec1s1on consistent with the terms of this St1pulat1on, and afier petitioner has tiled an election to receive compe�tion pursuant to 42 USC § 300aa-2 l(a)(I ), the Secretary of Health and Human Services will is.we the following vaccine compensation payment a lump sum ofSI00,000.00, m the form of a check payable to petitioner. This amount represents compensnllon for all damages that would be available under 42 U SC § 300aa-I 5(a) 9 As soon M pracllcablc after the entry ofJ udgmc:nt on entitlement in this case. and after petitioner has filed both a proper and umely election to receive compensation pursuant 10 42 U.S.C, § 300aa-2 I (a)( I), and an appliention, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees amt costs incurred in proceeding upon this petition, 10 Petitioner o.nd her attorney represent that compensation to be provided pursuant lo this Sllpulat1on 1s not for any items or xrvices for which the Program is not primarily liable under 42 U.S,C. § 300aa- lS(g). to the extent that payment has been made or can reasonably be expected 10 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 l C ase 1:21-vv-01426-UNJ Document 39 Filed 05/24/24 Page 5 of 7 I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuanl to paragraph 9 of this Stipulallon 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 ht1ga11on 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 S{a) and (d), and subject to the cond111ons of 42 U SC. § 300aa-1S (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, cxeculOfs, admimsuators, successors or assigns, does forever irrevocably and unoond1t1onally release, acquit and discharge the United States and the Setretary of Health and Human Servu:cs from any and all actions or causes of action (including agreements.judgments, claims, damages, Joss of services, expenses and all demands of whatever kmd or nature) that have been brought, could have been brought, or could be timely brought m the Coun of Federal Claims. under the Nauonal Vaccine lnJury CompcnS11tion 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 inJunts to or death of pelll1oncr resulting from, or alleged to have resulted from. tlu vaccination adm111astcrcd on October 15, 20 18, as alleged by petitioner m a petition for vaccine compensation filed on or about June 3, 2021. an the Unned States Coun of Federal Claims as peuuon No 21-1426V. 14 If pelitioner 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 parues_ J C ase 1:21-vv-01426-UNJ Document 39 Filed 05/24/24 Page 6 of 7 IS If the special master fails to issue a decision m complete conformity with the tenns of this Stipulation or ift he Court of Federal Claims fails to enter Judgment m confonmty with a decision chat 1s in complete conformity with the tenns of this Sttpula11on. then the panics' settlement imd this Stipulation shall be voidable at the sole discretion of either party 16 This Stipulation expresses a full and complete negotiated settlement ofhabihty and damages claimed under the National Childhood Vaccine InJ ury Act of 1986, as amended, cxc.:pt as otherwise noted m paragraph 9 above There is absolutely no agreement on the part of the parues hereto to make any paym cnt or to do llllY net 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 retlecL a compromise of the parties' respective positions as to liability and/or amount ofd amages, and further, thal a change in the nature of the injury or condition or in the items of compensation sought, 1s not grounds to modify or revise this agreement 17 This Stipulation shall not be construed as an adm1ss1on by the United States or the Secretary of Health and Human Services that the flu vaccine caused peutioner·s alleged SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injury contained m the Vaccine lnJury Table 18. All rights and obligal1ons of pellliorn:r hereunder shall apply equally lo pctiltoncr's h<:irs, cim:uloN, admmistr.iloN, succes:;or:., and/or �signs END OF STIPULATION 4 C ase 1:21-vv-01426-UNJ Document 39 Filed 05/24/24 Page 7 of 7 Respectfully submitted, PETITIONER: --- ��= A TIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PE1'ITIONER: OF THE ATTORNEY GENERAL: �! HEA HIER L. PEARLMAN Attorney for Pet1t1oner Deputy Director von Briesen & Roper, s c Torts Branch 411 E Wi�onsin Avenue, Suite 1()()() C1v1I Division M1lw.!ukec, WI 53202 U S Depanmenl of Justice (414)2287-1414 PO Box 146 Jrussell vonbnesen.com Benjamin Franklin Station Washington, DC 20044..() 146 AUTHORIZED REPRESENTATIVE A TIORNEY OF RECORD FOR Of THESECRE'fARV OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. _ _,.,_, .... , Beach -S _.,..tn,..,_ _ ( 2::: for CDR GEORGE REED GRIMES, MD, MPH CAMILLE J. WEBSTER Director, Division oflnJury Trial Attorney Compensation Programs Torts Branch, C1v1I Dtv1s1on Health Systems Bureau U S Department of Justice Health Resources and Services PO Box 146 Administration Benjamin Franklin Stnt1on U.S. Department of Health Washington, DC 20044-0146 ond Human Services Tel (202) 307-3241 5600 t·1shers Lane, 08W-251\ C11m1llc Webstc:rf.- sdoJ gov Rockville, MD 20857 Dated· ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01426-cl-extra-10735225 Date issued/filed: 2024-05-24 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268635 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1426V KATIE M. GESCH, Chief Special Master Corcoran Petitioner, Filed: April 19, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Michael Russell, Von Briesen & Roper, S.C., for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On June 3, 2021, Katie M. Gesch 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”) following an influenza vaccination she received on October 15, 2018. Petition at 1; Stipulation, filed at April 18, 2024, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual effects of her injury for more than six months. Petition at ¶ 16; Stipulation at ¶ 4. “Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged SIRVA, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on April 18, 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. 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 (2018). Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $100,000.00 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KATIE M GESCH, Pe1111oner, v. No. 2I-1426V Chief Special Master Brian H Corcoran SECRETARY OF Hf-:ALTH AND ECF HUMAN SERVICES. Respondent STIPULATION The panics hereby supulate to the following matters: I. Katie Gesch ("pctit,oncr�) filed a pctillOn for vacc inc compensation under the National Vaccine Injury Compensation Program,42 USC § J00aa-10 to 34 (the "Vaccine Program") The petition seeks compensation for injuries allegedly related to petlt1oner's receipt ofan influenza ("flu") vaccine, which vaccine is contruncd in the Vaccine lnJury Table {the "Table"), 42 C.F R § 100 3(a) 2 Petitioner received a flu vaccinalton on October 15, 2018 3 The flu vaccine was administered within the United Slates. 4 Petitioner 111leges that she susiained a Table shoulder mJury related to vaccine administration ("SIRVA'') within the time period set forth in the Table following administration of the vaccine. Peuuoner funhcr alleges that she experienced the resrduaf effects ofth1s condition for more than six months 5. Petitioner represents th111 there has been no prior award or settlement ofa civil action for damages on her behalf as a result of her cond1tIon 6 Respondent denies that petitioner sustained a SIRVA Table in;ury. denies that the flu vaccine caused petitioner's alleged SlRVA, or any other injury: and denies that petitioner's current cond1tlon 1s a sequela of a vaccine-related mJury. 7 Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be sculed and that a dec1s1on should be entered awarding the compemation described ,n paragraph 8 of this Stipulation. 8. As soon as pract1cabh: after an entry ofjudgment retlcct,ng a dec1s1on consistent with the terms of this St1pulat1on, and afier petitioner has tiled an election to receive compe�tion pursuant to 42 USC § 300aa-2 l(a)(I ), the Secretary of Health and Human Services will is.we the following vaccine compensation payment a lump sum ofSI00,000.00, m the form of a check payable to petitioner. This amount represents compensnllon for all damages that would be available under 42 U SC § 300aa- I 5(a) 9 As soon M pracllcablc after the entry ofJudgmc:nt on entitlement in this case. and after petitioner has filed both a proper and umely election to receive compensation pursuant 10 42 U.S.C, § 300aa-2 I (a)( I), and an appliention, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees amt costs incurred in proceeding upon this petition, 10 Petitioner o.nd her attorney represent that compensat ion to be provided pursuant lo this Sllpulat1on 1s not for any items or xrvices for which the Program is not primarily liable under 42 U.S,C. § 300aa- lS(g). to the extent that payment has been made or can reasonably be expected 10 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 l I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuanl to paragraph 9 of this Stipulallon 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 ht1ga11on 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 S{a) and (d), and s ubject to the cond111ons of 42 U SC. § 300aa-1S(g) and (h). 13 In return for the payments described in paragraphs 8 and 9, pet itioner, in her individual capacity and on behalf of her heirs, cxeculOfs, admimsuators, successors or assigns, does forever irrevocably and unoond1t1onally release, acquit and discharge the United States and the Setretary of Health and Human Servu:cs from any and all actions or causes of action (including agreements.judgments, claims, damages, Joss of services, expenses and all demands of whatever kmd or nature) that have been brought, could have been brought, or could be timely brought m the Coun of Federal Claims. under the Nauonal Vaccine lnJury CompcnS11tion 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 inJunts to or death of pelll1oncr resulting from, or alleged to have resulted from. tlu vaccination adm111astcrcd on October 15, 20 18, as alleged by petitioner m a petition for vaccine compensation filed on or about June 3, 2021. an the Unned States Coun of Federal Claims as peuuon No 21-1426V. 14 If pelitioner should die prior to entry ofJudgm ent, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parues_ J IS If the special master fails to issue a decision m complete conformity with the tenns of this Stipulation or ifthe Court of Federal Claims fails to enter Judgment m confonmty with a decision chat 1s in complete conformity with the tenns of this Sttpula11on. then the panics' settlement imd this Stipulation shall be voidable at the sole discretion of either party 16 This Stipulation expresses a full and complete negotiated settlement ofhabihty and damages claimed under the National Childhood Vaccine InJury Act of 1986, as amended, cxc.:pt as otherwise noted m paragraph 9 above There is absolutely no agreement on the part of the parues hereto to make any paymcnt or to do llllY net 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 retlecL a compromise of the part ies' respective positions as to liability and/or amount ofdamages, and further, thal a change in the nature of the injury or condition or in the items of compensation sought, 1s not grounds to modify or revise this agreement 17 This St ipulation shall not be construed as an adm1ss1on by the United States or the Secretary of Health and Human Services that the flu vaccine caused peutioner·s alleged SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injury contained m the Vaccine lnJury Table 18. All rights and obligal1ons of pellliorn:r hereunder shall apply equally lo pctiltoncr's h<:irs, cim:uloN, admmistr.iloN, succes:;or:., and/or �signs END OF STIPULATION 4 Respectfully submitted, PETITIONER: ��= --- ATIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PE1'ITIONER: OF THE ATTORNEY GENERAL: �! Attorney for Pet1t1oner HEAHIER L. PEARLMAN Deputy Director von Briesen & Roper, s c Torts Branch 411 E Wi�onsin Avenue, Suite 1()()() C1v1I Division M1lw.!ukec, WI 53202 U S Depanmenl of Justice (414) 2287-1414 PO Box 146 Jrussell vonbnesen.com Benjamin Franklin Station Washington, DC 20044..() 146 AUTHORIZED REPRESENTATIVE A TIORNEY OF RECORD FOR Of THESECRE'fARV OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. _ _,.,_, .... , Beach -S _.,..tn,..,__ for CDR GEORGE REED GRIMES, MD, MPH (CAMILLE 2::: J. WEBSTER Director, Division oflnJury Trial Attorney Compensation Programs Torts Branch, C1v1I Dtv1s1on Health Systems Bureau U S Department of Justice Health Resources and Services PO Box 146 Administration Benjamin Franklin Stnt1on U.S. Department of Health Washington, DC 20044-0146 ond Human Services Tel (202) 307-3241 5600 t·1shers Lane, 08W-251\ C11m1llc Webstc:rf.- sdoJ gov Rockville, MD 20857 Dated·