VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00505
Package ID: USCOURTS-cofc-1_22-vv-00505
Petitioner: Mary Little
Filed: 2022-05-06
Decided: 2024-06-05
Vaccine: influenza
Vaccination date: 2020-10-05
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 37000

AI-assisted case summary:
Mary Little filed a petition for compensation under the National Vaccine Injury Compensation Program on May 6, 2022, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 5, 2020. She further alleged that her SIRVA symptoms lasted longer than six months. The respondent denied that the injury was a Table injury or that it was caused by the vaccine. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision, awarding Mary Little a total of $37,000. This amount includes $36,000 as a lump sum for all damages and $1,000 to reimburse a Medicaid lien for services rendered by the State of North Carolina. The stipulation noted that the flu vaccine is on the Vaccine Injury Table and that the injury allegedly occurred within the Table's time period. The parties agreed that this stipulation represents a full and complete negotiated settlement of liability and damages, and it is not an admission by the United States that the vaccine caused the injury.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00505-0
Date issued/filed: 2024-06-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/02/2024) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00505-UNJ Document 32 Filed 06/05/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0505V
MARY LITTLE, Chief Special Master Corcoran
Petitioner, Filed: May 2, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On May 6, 2022, Mary Little 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 5,
2020. Petition at 1; Stipulation, filed at May 2, 2024, ¶¶ 2, 4. Petitioner further alleges that
her SIRVA symptoms have lasted longer than six months. Petition at ¶¶ 12; Stipulation
at ¶¶ 4. Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that
Petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that
the flu vaccine caused Petitioner any other injury or her current condition.” Stipulation at
¶ 6.
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 1:22-vv-00505-UNJ Document 32 Filed 06/05/24 Page 2 of 8
Nevertheless, on May 2, 2024, the parties filed the attached joint stipulation,3
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:
(cid:120) A lump sum of $36,000.00 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.
(cid:120) A lump sum of $1000.00 in the form of a check jointly payable to Petitioner
and MultiPlan, Tax ID No. 26-3000153, 535 E. Diehl Road, Suite 100,
Naperville, IL 60563, representing reimbursement of a Medicaid lien for
services rendered to Petitioner by the State of North Carolina. Stipulation ¶ 8.
This amount represents compensation for all damages that would be available
under Section 15(a)(1)(B).
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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The filed Stipulation contained an electronic signature verification page which has been removed to protect
the signers’ confidential information.
4 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 1:22-vv-00505-UNJ Document 32 Filed 06/05/24 Page 3 of 8
Vinesign Document ID: C5292DAA-06O7-4O70-B201-5FC6EAA1A351
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARY LITTLE, )
)
Petitioner, )
) No. 22-S0SV (ECF)
v. ) Chief Special Master Corcoran
)
SECRETA RY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Mary Little, 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 vaccine is contained in the Vaccine Injury Table ("Table"), 42 C.F.R.
§ 100.3(a).
2. Petitioner received the flu vaccination in her left shoulder on October 5, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, and that she experienced
residual effects of this injury 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 condition.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:22-vv-00505-UNJ Document 32 Filed 06/05/24 Page 4 of 8
6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner any other injury or her current condition.
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(aXn the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
A. A lump sum of $36,000.00 in the form of a check payable to petitioner; and
B. A lump sum of$1,000.00,1 representing reimbursement of a Medicaid lien
for services rendered to petitioner by the State of North Carolina, in the fonn
of a check payable jointly to petitioner and MultiPlan:
MultiPlan (Tax lDNo. 26-3000153)
535 E. Diehl Road, Suite I0 0
Naperville, IL 60563
Petitioner agrees to endorse this check to MultiPlan.
These amounts represent 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
1 This amount represents full satisfaction ofa ny right of subrogation, assignment, claim, Ii en, or
cause of action that the State of North Carolina may have against any individual as a result of
any Medicaid payments that the North Carolina Program has made to or on behalf of Mary Little
as a result of her alleged vaccine-related injury suffered on or about October 5, 2020, under Title
XIX oft he Social Security Act, see 42 U.S.C. § 300aa-I 5(g), (h).
2

Case 1:22-vv-00505-UNJ Document 32 Filed 06/05/24 Page 5 of 8
U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorney fees and costs incurred in proceeding upon this
petition.
I 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-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. Payments 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 attorney 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-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 her
individual capacity and on behalf ofh er 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, 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
3

Case 1:22-vv-00505-UNJ Document 32 Filed 06/05/24 Page 6 of 8
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-l 0, 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 flu vaccine administered on or about October 5, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on May 6, 2022, in the United
States Court of Federal Claims as petition No. 22-505V.
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 Chief 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 confonnity
with a decision that is in complete confonnity 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 the flu vaccine caused petitioner's alleged shoulder
injury or any other injury.
4

Case 1:22-vv-00505-UNJ Document 32 Filed 06/05/24 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
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
5

Case 1:22-vv-00505-UNJ Document 32 Filed 06/05/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
'-?'}1~ -/~c
MARY LITTLE
ATTORNEY OF RECORD FOR AUTIIORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
IS/~ d f~/JA-a-
~ la" I ~ B ~
ML.MULLER HEATHER L. PEARLMAN
Muller Brazil Deputy Director
715 Twining Road. Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
max@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEYOFRECORDFOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
G R Digitally signed by
eorge •
GeorgeR.Grimes-S14
•meS -$ 14
Grl Date:2024.04.19 ---~ 7--d/lZ1¢!4
l 5:11 :44-04'00'
CDR GEORGE REED GRIMES, MD, MPH BENJAMIN P. WARDER
Director, Division of Injury 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 Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 532-5464
Rockville, MD 20857 Benjamin.P. Wa rder@usdoj.gov
Dated: Qi:j /02/·2.-D24
6