VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01783 Package ID: USCOURTS-cofc-1_21-vv-01783 Petitioner: Lerma-Marie Escobar Remias Filed: 2021-09-01 Decided: 2024-05-20 Vaccine: Td Vaccination date: 2021-03-18 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25363 AI-assisted case summary: Lerma-Marie Escobar Remias filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Td vaccine on March 18, 2021. She claimed to have experienced residual effects of the injury for more than six months. Respondent denied that the petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Lerma-Marie Escobar Remias a lump sum of $25,363.00. This amount represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the award was made on the terms set forth in the stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01783-0 Date issued/filed: 2024-05-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/16/2024) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01783-UNJ Document 41 Filed 05/20/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1783V LERMA-MARIE ESCOBAR REMIAS, Chief Special Master Corcoran Petitioner, Filed: April 16, 2024 v. 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 September 1, 2021, Lerma-Marie Escobar Remias filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). She filed an amended petition on September 16, 2022. ECF No. 17. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a caused-in-fact injury, after receiving the tetanus, diphtheria, and acellular pertussis on March 18, 2021. Petition at 1, ¶¶ 1, 12; Stipulation, filed Apr. 15, 2024, ¶¶ 1-2, 4. Petitioner further alleges that she continues to suffer the residual effects of her SIRVA more than six months post- vaccination and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 11, 13; Stipulation at ¶¶ 4-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused 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-01783-UNJ Document 41 Filed 05/20/24 Page 2 of 7 [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on April 15, 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 $25,363.00 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-01783-UNJ Document 41 Filed 05/20/24 Page 3 of 7 IN THE UNITED STA TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LERMA-MARIE ESCOBAR REMIAS, Petitioner, No. 21-1783V Chief Special Master Corcoran V. ECF SECRETARY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Lenna-Marie Escobar Remias ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the tetanus-diphtheria ("Td") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a) . 2. Petitioner received a T d vaccine on March 18, 2021. 3. The Td vaccine was administered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration ("SIRVA") following receipt of the Td vaccine 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 has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. Case 1:21-vv-01783-UNJ Document 41 Filed 05/20/24 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 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 entry of judgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I( a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,363.00 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-15(a). 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 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-l 5(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 2 Case 1:21-vv-01783-UNJ Document 41 Filed 05/20/24 Page 5 of 7 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. 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 attorney's 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 of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(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 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 T d vaccination administered on March 18, 2021, as alleged in a petition for vaccine compensation filed on or about September I, 2021, as amended on September 16, 2022, in the United States Court of Federal Claims as petition No. 21-1783V. 3 Case 1:21-vv-01783-UNJ Document 41 Filed 05/20/24 Page 6 of 7 14. If petitioner 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. 15. If the special master fails to issue a decision in complete conformity 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 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 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 petitioner sustained a SIRVA Table injury; that the Td vaccine caused any other injury; or that her current condition is a sequelae of a vaccine related injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner>s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:21-vv-01783-UNJ Document 41 Filed 05/20/24 Page 7 of 7 Respectfully submitted. PETITIONER: ~~U}~~ LERMA-MARIE ESCOBAR REMIAS ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE OF THE ATfORNEY GENERAL: =r.1 (2,,tl.L\JU__ _ ~ ~~ ~ NT• . HEATHER L. PEARLMAN LAW OFFICES OF LEAH V. DURANT, PLLC Deputy Du-ector 1717 K Street, NW, Suite 900 Torts Branch Washington D.C. 20006 Civil Division (202) 775-9200 U.S. Department of Justice Email: ldurant@dunmcllc.com P.O. Box 146 Benjamin Franklin Station Washington., DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALT H RESPONDENT: AND HUMAN SERVICES: Jeffrey S. ~=~.,.,Jeffrey Beach -S o..te: 2024.o4.02, t:29'.33 for -04·oa CDR GEORGE REED GRIMES, MD, MPH ZO£R. WADE Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division I lcaJth Resources and Services U.S.DcpartmcntofJustice Administration P.O. Box 146 U.S. Dcpanmcnt of Health Benjamin Franklin Station and Human Services Washingt.On. DC 20044--0146 5600 Fishers Lane, 08W-25A (202) 616-4118 Rockville, MD 20857 Email: zoc.wadc@;usdoj.gov ;pN Dnled: 15 2d 2/l 1 1 I 5 •!i- -----------------------------lllllllli ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-01783-cl-extra-10735289 Date issued/filed: 2024-05-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268699 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1783V LERMA-MARIE ESCOBAR REMIAS, Chief Special Master Corcoran Petitioner, Filed: April 16, 2024 v. 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 September 1, 2021, Lerma-Marie Escobar Remias filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). She filed an amended petition on September 16, 2022. ECF No. 17. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a caused-in-fact injury, after receiving the tetanus, diphtheria, and acellular pertussis on March 18, 2021. Petition at 1, ¶¶ 1, 12; Stipulation, filed Apr. 15, 2024, ¶¶ 1-2, 4. Petitioner further alleges that she continues to suffer the residual effects of her SIRVA more than six months post- vaccination and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 11, 13; Stipulation at ¶¶ 4-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused 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). [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on April 15, 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 $25,363.00 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 LERMA-MARIE ESCOBAR REMIAS, Petitioner, No. 21-1783V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Lenna-Marie Escobar Remias ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the tetanus-diphtheria ("Td") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a) . 2. Petitioner received a T d vaccine on March 18, 2021. 3. The Td vaccine was administered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration ("SIRVA") following receipt of the Td vaccine 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 has been no prior award or settlement of a civil action for damages 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 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 of judgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I(a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,363.00 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-15(a). 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 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-l 5(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 2 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. 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 attorney's 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 of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(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 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 Td vaccination administered on March 18, 2021, as alleged in a petition for vaccine compensation filed on or about September I, 2021 , as amended on September 16, 2022, in the United States Court of Federal Claims as petition No. 21-1783V. 3 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 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 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 petitioner sustained a SIRVA Table injury; that the Td vaccine caused any other injury; or that her current condition is a sequelae of a vaccine- related injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner>s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Respectfully submitted. PETITIONER: ~~U}~~ LERMA-MARIE ESCOBAR REMIAS ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE OF THE ATfORNEY GENERAL: ~ =r.1 NT• . LAW OFFICES OF LEAH V. DURANT, PLLC 1717 K Street, NW, Suite 900 Washington D.C. 20006 ~ ~~ (2,,tl.L\JU___ HEATHER L. PEARLMAN Deputy Du-ector Torts Branch Civil Division (202) 775-9200 U.S. Department of Justice Email: ldurant@dunmcllc.com P.O. Box 146 Benjamin Franklin Station Washington., DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. ~=~.,.,Jeffrey Beach -S o..te: 2024.o4.02, t:29'.33 -04·oa for CDR GEORGE REED GRIMES, MD, MPH ZO£R. WADE Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division I lcaJth Resources and Services U.S.DcpartmcntofJustice Administration P.O. Box 146 U.S. Dcpanmcnt of Health Benjamin Franklin Station and Human Services Washingt.On. DC 20044--0146 5600 Fishers Lane, 08W-25A (202) 616-4118 Rockville, MD 20857 Email: zoc.wadc@;usdoj.gov Dnled: ;pN 15 2d 2/l 1 1 I!i-- ----------------------------lllllllli • 5