VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01943 Package ID: USCOURTS-cofc-1_21-vv-01943 Petitioner: Anna Magagna Filed: 2021-10-01 Decided: 2023-07-13 Vaccine: influenza Vaccination date: 2020-10-24 Condition: right shoulder injury related to vaccine administration (“SIRVA”), as well as brachial plexopathy and other injuries, tendinosis, partial thickness tears of the supraspinatus and infraspinatus tendons, subacromial subdeltoid bursitis, adhesive capsulitis, acromioclavicular arthrosis, rotator cuff syndrome, and brachia) plexopathy Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Anna Magagna filed a petition for vaccine compensation on October 1, 2021, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA), brachial plexopathy, and other related injuries after receiving an influenza vaccine on October 24, 2020. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments. Respondent denied that the vaccine caused the alleged injuries, denying that petitioner sustained a SIRVA Table injury or that the alleged injuries or their residual effects were caused-in-fact by the flu vaccine. Nevertheless, the parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Pursuant to the stipulation, Anna Magagna was awarded $25,000.00 as compensation for all damages, to be paid as a lump sum in the form of a check. This amount represents a compromise of the parties' respective positions on liability and damages. The case was processed as a Table claim, with the injury alleged to be SIRVA. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Nina Ren of the U.S. Department of Justice. The decision was issued on July 13, 2023. Theory of causation field: Petitioner Anna Magagna received an influenza vaccine on October 24, 2020. She alleged a right shoulder injury related to vaccine administration (SIRVA), brachial plexopathy, tendinosis, partial thickness tears of the supraspinatus and infraspinatus tendons, subacromial subdeltoid bursitis, adhesive capsulitis, acromioclavicular arthrosis, and rotator cuff syndrome, which she claimed were caused-in-fact by the vaccine. Respondent denied causation. The parties reached a joint stipulation for settlement, agreeing to a decision awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation. The award was $25,000.00 as a lump sum, representing a compromise of liability and damages. The case was processed as a Table claim for SIRVA. The public decision does not name specific experts or describe the medical mechanism of injury. Petitioner was represented by Jimmy A. Zgheib, and respondent by Nina Ren. The decision was issued on July 13, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01943-0 Date issued/filed: 2023-07-13 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/12/2023) regarding 35 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01943-UNJ Document 41 Filed 07/13/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1943V ANNA MAGAGNA, Chief Special Master Corcoran Petitioner, Filed: June 12, 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) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 1, 2021, Anna Magagna 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 March 15, 2022, Petitioner filed an amended petition. Petitioner alleges that she suffered a right shoulder injury related to vaccine administration (“SIRVA”), as well as brachial plexopathy and other injuries, resulting from an influenza (“flu”) vaccine received on October 24, 2020. Amended Petition at 1; Stipulation, filed June 12, 2023, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she suffered the residual effects of the alleged injuries for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of the alleged injuries. Amended Petition at ¶¶ 4, 32-34; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury or that petitioner’s alleged injuries or their residual effects were caused-in-fact by the flu vaccine; denies that the flu vaccine caused petitioner’s alleged shoulder injury or any 1 Because this unpublished 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-01943-UNJ Document 41 Filed 07/13/23 Page 2 of 8 other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on June 12, 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 lump sum of $25,000.00 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 Case 1:21-vv-01943-UNJ Document 41 Filed 07/13/23 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ANNA MAGAGNA, ) ) Petitioner, ) ) No. 21-1943V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEAL TH AND HUMAN ) SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: I. Anna Magagna ("petitioner") 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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on October 24, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. Petitioner a1so alleges that petitioner suffered tendinosis, partial thickness tears of the supraspinatus and infraspinatus tendons, subacromial subdeltoid bursitis, adhesive capsulitis, acromioclavicular arthrosis, rotator cuff syndrome, and brachia) plexopathy that was caused-in-fact by the flu vaccine. Petitioner Case 1:21-vv-01943-UNJ Document 41 Filed 07/13/23 Page 4 of 8 further alJeges that petitioner suffered. the residual effects of the alleged injwies for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behaJf as a result of the alleged injuries. 6. Respondent denies that petitioner sustained a SIRVA Table injury or that petitioner's alleged injuries or their residual effects were caused-in-fact by the flu vaccine; denies that the flu vaccine caused. petitioner's alleged shoulder injury or any other injury; and denies that petitioner's current condition is a sequels 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 ofj udgment 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,000.00 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 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-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. 2 Case 1:21-vv-01943-UNJ Document 41 Filed 07/13/23 Page 5 of 8 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. 11. Payment made pursuant to paragraph 8 of this Stipulation 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 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-15(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 assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Hwnan 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 3 Case 1:21-vv-01943-UNJ Document 41 Filed 07/13/23 Page 6 of 8 petitioner resu]ting from, or alleged to have resulted from, the flu vaccination administered on October 24, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about October 1, 2021, and in an amended petition filed on or about March 15, 2022, in the United States Court of Federal Claims as petition No. 21-1943V. 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 StipuJation 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 the flu vaccine caused petitioner's alleged injuries or any other injury or petitioner's current disabi1ities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 4 Case 1:21-vv-01943-UNJ Document 41 Filed 07/13/23 Page 7 of 8 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I s Case 1:21-vv-01943-UNJ Document 41 Filed 07/13/23 Page 8 of 8 Respectfully submitted, PETITIONER: ANNA MAGAGNA ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: .,ki,cbH.w\i.P~. A.~-.. ~-- HEATHER L. PEARLMAN eib Say , Deputy Director 75 South Broadway Torts Branch Fourth Floor Civil Division White Plains, NY 10601 U.S. Department of Justice Tel: (914) 729-1110 P.O. Box 146 Email: jim@vaccinelawyers.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Henry P Dfgllallyslg~byH