VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00599
Package ID: USCOURTS-cofc-1_22-vv-00599
Petitioner: Elizabeth Bacon
Filed: 2022-05-30
Decided: 2024-07-03
Vaccine: influenza
Vaccination date: 2020-11-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 78500

AI-assisted case summary:
Elizabeth Bacon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from influenza and Tdap vaccines received on November 11, 2020. The respondent initially denied that the vaccines caused her alleged shoulder pain or any other injury, and contested that a Table SIRVA occurred within the Table timeframe. However, the parties subsequently filed a joint stipulation agreeing to settle the case. Pursuant to the stipulation, the court awarded Elizabeth Bacon a total of $78,500.06. This amount includes a lump sum of $75,000.00 payable to Petitioner and $3,500.06 to satisfy an Optum Medicaid lien from the State of Louisiana. This compensation covers all damages available under 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:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00599-0
Date issued/filed: 2024-07-03
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/30/2024) regarding 51 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:22-vv-00599-UNJ Document 56 Filed 07/03/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0599V
ELIZABETH BACON, Chief Special Master Corcoran
Petitioner, Filed: May 30, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 1, 2022, Elizabeth Bacon 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”) resulting from influenza (“flu”) and tetanus diphtheria acellular
pertussis (“Tdap”) vaccines received on November 11, 2020. Petition at 1-7; Stipulation,
filed May 29, 2024, at ¶¶ 1-4. Petitioner further alleges that the vaccines were
administered in the United States, her vaccine-related injuries have lasted more than six
months, and neither Petitioner, nor any other party, has ever brought an action or received
compensation in the form of an award or settlement for Petitioner’s vaccine-related
injuries. Petition at ¶¶ 23, 25, 26; Stipulation at ¶¶ 3-5; Ex. 1 at 5-8; Ex. 17 at ¶ 2.
“Respondent denies that petitioner sustained the onset of a Table SIRVA within the Table
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-00599-UNJ Document 56 Filed 07/03/24 Page 2 of 8
timeframe and further denies that the flu or Tdap vaccines caused petitioner’s alleged
shoulder pain, any other injury, or her current condition.” Stipulation at ¶ 6.
Nevertheless, on May 29, 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. A lump sum of $75,000.00 in the form of a check payable to Petitioner;
and
B. A lump sum of $3,500.06, representing compensation for full
satisfaction of the Optum Medicaid lien from the State of Louisiana in
the form of a check jointly payable to Petitioner and
Optum
P.O. Box 182643
Columbus, OH
Optum Event No. 116442959
Tax ID 41-1858498
Petitioner agrees to endorse this check for $3,500.06 to Optum.
Stipulation at ¶ 8. These amounts represent 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-00599-UNJ Document 56 Filed 07/03/24 Page 3 of 8
]n tbe mlniteb $>tates <!ourt of jfe beral <!laims
OFFICE OF SPECIAL MASTERS
ELIZABETH BACON,
Petitioner,
Case No. 22-599V (ECF)
V. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Elizabeth Bacon, 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 the influenza ("flu") and tetanus, diphtheria, and acellular pertussis ("Tdap") vaccines, which
are vaccines contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a).
2. Petitioner received the vaccines on November 11, 2020.
3. The vaccinations were administered within the United States.
4. Petitioner alleges that she suffered from a right shoulder injury related to vaccine
administration ("SIRVA") within the Table time period after receiving the flu and Tdap
vaccines. She also alleges that she experienced the residual effects of these injuries 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 injuries.

Case 1:22-vv-00599-UNJ Document 56 Filed 07/03/24 Page 4 of 8
6. Respondent denies that petitioner sustained the onset of a Table SIRVA within the
Table timeframe and further denies that the flu or Tdap vaccines caused petitioner's alleged
shoulder pain, 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( a)(t ), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
A. A lump sum of $75,000.00 in the form of a check payable to petitioner; and
B. A lump sum of $3,500.06, 1 representing compensation for full satisfaction of the
Optum Medicaid lien from the State of Louisiana in the fo1111 of a check jointly
payable to petitioner and
Optum
P.O. Box 182643
Columbus, OH
Optum Event No. 116442959
Tax ID 41-1858498
Petitioner agrees to endorse this check for $3,500.06 to Optum.
This amount totaling $78,500.06 represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-l 5(a).
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Louisiana or Optum may have against any individual as a result of
any Medicaid payments the State of Louisiana or Optum has made to or on behalf of Elizabeth
Bacon as a result of her alleged vaccine-related injury suffered on or about November 11, 2020,
under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:22-vv-00599-UNJ Document 56 Filed 07/03/24 Page 5 of 8
9. As soon as practicable after the entry of judgment 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 atl'orneys' 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-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 XTX 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 forther 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 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
3

Case 1:22-vv-00599-UNJ Document 56 Filed 07/03/24 Page 6 of 8
(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 flu and Tdap vaccinations administered on
November 11, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or
about June 1, 2022, in the United States Court of Federal Claims as petition No. 22-599V.
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.
4

Case 1:22-vv-00599-UNJ Document 56 Filed 07/03/24 Page 7 of 8
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 or Tdap vaccines caused petitioner's alleged
SIRVA, caused any shoulder injury, any other injury, or her cunent condition.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:22-vv-00599-UNJ Document 56 Filed 07/03/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
ELIZABETH BACON
ATTORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE
PfT ITIONER: OF THE ATTORNEY GENERAL:
~J
~~
· JA.e ~ 'i,. f?r a ,._,u, A Ae:=::-._
HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
Maglio, Christopher & Toale Torts Branch, Civil Division
1015 15th St. NW, Suite 1125 U.S. Department of Justice
Washington, DC 20005 P.O. Box 146
ccostigan@mctlaw.com Benjamin Franklin Station
(888) 952-5242 Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE A TTONEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
effrey 5
j
Digitally signed by
• Jeffrey S. Beach -S
B h S Date: 2024.03.08
eac - _ tor
02·30·51 -o5'oo·
CDR GEORGE REED GRIMES, MD, MPH MARK K. HELLIE
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Depa1tment of Justice
Health Resources and P.O. Box 146
Services Administration Benjamin Franklin Station
U.S. Depattment of Health and Washington, DC 20044-0146
Human Services mark.heI lie@usdoj.gov
5600 Fishers Lane, 08W-25A (202) 616-4208
Rockville, MD 20857
7_.
Dated: (YJr>,y Of, ?_oz_'f
I
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