VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00722 Package ID: USCOURTS-cofc-1_22-vv-00722 Petitioner: Selma Taylor Filed: 2022-06-29 Decided: 2024-08-09 Vaccine: influenza Vaccination date: 2020-10-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30641 AI-assisted case summary: Selma Taylor 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 an influenza vaccine on October 12, 2020. She claimed the SIRVA was a Table injury and that she experienced residual effects for more than six months. Respondent denied that Ms. Taylor sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current condition was a sequela of a vaccine-related 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 Ms. Taylor a lump sum of $30,641.28. This amount represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00722-0 Date issued/filed: 2024-08-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/03/2024) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00722-UNJ Document 41 Filed 08/09/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0722V SELMA TAYLOR, Chief Special Master Corcoran Petitioner, Filed: July 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 29, 2022, Selma Taylor 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”), a defined Table injury or in the alternative a caused-in-fact injury, after receiving an influenza (“flu”) vaccine on October 12, 2020. Petition at 1, ¶¶ 2, 16; Stipulation, filed July 2, 2024, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of the SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for the SIRVA, alleged as vaccine caused. Petition at ¶¶ 2, 15, 17-18; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged SIRVA, or any other 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-00722-UNJ Document 41 Filed 08/09/24 Page 2 of 7 injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on July 2, 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 $30,641.28 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 6/19/2024 7:C49a sePM 1 :22F-evdve-0x0 7O2f2f-iUcNe J 0 2 0 D6o cumePnat g4e1 2 F iolefd 60 8/09/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SELMA TAYLOR, Petitioner, V. No. 22-0722 Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Selma Taylor ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa~l0 to 34 (the "Vaccine Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt of au influenza ("flu'') vaccine, which vaccine is contained in the Vaccine [qjury Table (the "Table"}, 42 C.F.R. § J00.3(a). 2. Petitioner received a flu vaccination on October I 2, 2020. 3. The flu vaccine was administered within the United States. 4. Petiti•ner alleges that she sustained a Table shoulder injury related to vaccine atministration ("SIRVA") within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prier award or settlement •fa civil action for damages on her behalf as a result of her condition. 6/19/2024 7:4C9a sPeM 1 :2F2-evdve-x0 0O72f2f-iUceN J0 2 0 D6 ocumePnat g4e1 3 Foilefd 60 8/09/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIR.VA Table injury; denies that the flu vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that petitioner's 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 tlescribcd in paragraph 8 of this Stipulatien. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has file• an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: a lump sum of $30,,41.28, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 30taa-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. § 30Oaa-2 l(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' tees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation t• be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily Hable under 42 U.S.C. § 300aa- J5(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 6/19/2024 7:C49a sPeM 1 :2F2-evdve-x0 0O72f2f-iUceN J0 2 0 D6 ocumePnat g4e1 4 Foilefd 6 0 8/09/24 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awanled 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 ana their attorneys further agree and stipulate that, except fer any award for attorneys' fees, and litigation costs, and past unreimbursablc 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. ln return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, executors, administraters, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Se1vices 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 fo the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oe t 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 frem, or alleged to have resulted from, flu vaccination administered on October 12, 2020, as alleged by petitioner in a petition for vaccine compensati,n filed on or about June 29, 2022, in the United States Court of Federal Claims as petition No. 22-0722V. 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 3 6/19/2024 7:4C9a sPeM 1 :2F2-evdve-x0 0O72f2f-iUcNe J0 2 0 D6 ocumePnat g4e1 5 F0ile£d 60 8/09/24 Page 6 of 7 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 amcnde.t, except as etherwise 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 partie.." 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 s1ught, 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. Jg_ All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STlPUI .A TION 6/19/2024 7:C49a sePM 1 :22F-evdve-0x0 072£2£-iUcNe J0 2 0 D6o cumePnat g4e1 6 Foilefd 60 8/09/24 Page 7 of 7 Respectfully submitted, PETITIONER: ~~✓~ ATTORNEY OF RECORD AUTHORIZED REPRF.SENTATIVE FOR PETJTION.ER: OF THE ATTORNEY GENERAL: d~c5Y . ,..