VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00572
Package ID: USCOURTS-cofc-1_22-vv-00572
Petitioner: Johanne Lapointe
Filed: 2022-05-25
Decided: 2024-10-25
Vaccine: influenza
Vaccination date: 2020-08-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 92000

AI-assisted case summary:
Johanne Lapointe filed a petition on May 25, 2022, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on August 26, 2020, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied that the petitioner sustained a SIRVA Table injury, that the flu vaccine caused her alleged injury, or that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 24, 2024, agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Johanne Lapointe was awarded $92,000.00 as compensation for all damages available under Section 15(a) of the Vaccine Act. This award was to be paid as a lump sum in the form of a check payable to the petitioner. The decision was issued on October 25, 2024. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Nina Ren of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Johanne Lapointe filed a petition on May 25, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on August 26, 2020, with residual effects lasting over six months. Respondent denied a SIRVA Table injury, causation by the vaccine, or that the current condition was a sequela of a vaccine injury. The parties reached a joint stipulation on September 24, 2024, agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $92,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision was issued on October 25, 2024. Petitioner was represented by Paul R. Brazil, and respondent by Nina Ren. The stipulation does not detail the specific mechanism of injury, expert testimony, or the precise nature of the SIRVA injury beyond its classification as a Table injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00572-0
Date issued/filed: 2024-10-25
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/24/2024) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00572-UNJ Document 38 Filed 10/25/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0572V
JOHANNE LAPOINTE, Chief Special Master Corcoran
Petitioner, Filed: September 24, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 25, 2022, Johanne Lapointe 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”) as a result of an influenza (“flu”) vaccine she received on August
26, 2020. Petition at 1; Stipulation, filed at September 24, 2024, ¶¶ 1-4. Petitioner further
alleges that she experienced the residual effects of this condition for more than six
months. Petition at 3; Stipulation at 4. “Respondent denies that petitioner sustained a
SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury,
or any other injury; and denies that her current condition is a sequelae of a vaccine related
injury.” Stipulation at ¶ 6.
Nevertheless, on September 24, 2024, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
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-00572-UNJ Document 38 Filed 10/25/24 Page 2 of 8
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 $92,000.00, 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 1:22-vv-00572-UNJ Document 38 Filed 10/25/24 Page 3 of 8
Vinesign Document ID: AD4126AB-D1EC-40F1-9A03-6591048AE5DO
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHANNE LAPOINTR
Petitioner, No.22-S72V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEAL TH AND
HUMAN SERVICES,
Respondent.
SllfULATION
The parties hereby stipulate to the following matters:
l. Johanne Lapointe ("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 influenz.a ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F. R. § I 00.3(a)
2. Petitioner received a flu vaccine on August 26, 2020.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA j foUowing receipt of the flu vaccine within the time period set forth in the Table. She
further alleges that she experienced the residual effects oft his 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.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:22-vv-00572-UNJ Document 38 Filed 10/25/24 Page 4 of 8
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequelae ofa vaccine-related iJtjury.
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 oft his Stipulation.
8. As soon as practicable after an entry ofj udgment 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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. § 300aa-15(a):
A lump sum of$ 92,000.00 in the fonn ofa check payable to petitioner.
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.
10. 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
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.
2

Case 1:22-vv-00572-UNJ Document 38 Filed 10/25/24 Page 5 of 8
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 ofs ufficient 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-15(a) and (d), and subject to the conditions of4 2 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 ofs ervices, 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-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 ofp etitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on August 26, 2020, as
alleged in a petition for vaccine compensation filed on or about May 25, 2022, in the United
States Court of Federal Claims as petition No. 22-572V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf ofe ither or both oft he parties.
3

Case 1:22-vv-00572-UNJ Document 38 Filed 10/25/24 Page 6 of 8
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 oft his 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 oft he
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 ofc ompensation 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 SIRVA
or any other injury or petitioner's current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
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 1:22-vv-00572-UNJ Document 38 Filed 10/25/24 Page 7 of 8
RespectfulJy submitted,
PEmIONER:
JOHANNE LAPOINTE
ATIORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ .~ : P ~
PAULBRAZ7i HEA TIIER 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
Email: paul@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES: AJ
Jeffrey S.
~!!gnedbyJtffrey
Beach -5
::;02◄.®.1112:11:48 for
CAPT. GEORGE REED GRIMES, MD, MPH NiNkY.REN
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) 451-7499
Rockville, MD 20857 Email: Nina.Ren@usdoj.gov
s

Case 1:22-vv-00572-UNJ Document 38 Filed 10/25/24 Page 8 of 8
Vlnesign
.,./ Verification Complete
r, f: UJ~\,I' t-1 l t.J~, uet-n otf,c,.1Uyvt-rir1ed
Document Status ., Signl!d & Vmfted
Document Name Stipulation -Lapointe
Serld• Name Muller Brazd
Document IC4ly ~1 26AB-01 EC-40F1-9AQ3.6591 D48AESOO
ltedpl_, IPAddnss 51pature
Johanne Lapointe 76.146.154.130
mjolapotnte@hotm;ill.com
(603)566-1S79
order 1
Document History
AaJvlty Redpfent Actlvltyo.talls
09/20/2024 17:32 UTC Johanne Lapointe Signed byJ ohanne Lapointe
Document Completed
09120/2024 17:29 UTC Johanne Lapointe Vl-.1 byJ ohanne Lapointe ((6031 566-1 S79)
Document W-d
4 09/20/202416:31 UTC Johanne Lapointe Sent out via text to Johanne upolnte ((603) Sli6-1 S79)
Dotument Sent
09120/2024 tfd1 UTC Johanne Lapointe Sent out via email to Johanne Lapointe (mJolapolnle@llotmall.com)
Dotument Sent
I
09l20/202416:31 UTC Created by Muller Brazil (medlcalrecordsOmyvacelnelawyer.comJ
Document Created