VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00785
Package ID: USCOURTS-cofc-1_22-vv-00785
Petitioner: Janelle Hill
Filed: 2022-07-20
Decided: 2024-04-09
Vaccine: influenza
Vaccination date: 2021-10-05
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30075

AI-assisted case summary:
Janelle Hill filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 5, 2021. She claimed this was a Table injury and that she experienced residual effects for more than six months. The respondent denied that Ms. Hill sustained a SIRVA Table injury or that the vaccine caused her condition. Despite these denials, the parties filed a joint stipulation to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Hill a total of $30,075. This amount included a lump sum of $29,500 payable to Ms. Hill, and $71.50 and $504.44 respectively, to reimburse Medicaid liens for services rendered by the State of Wisconsin. The stipulation also addressed future proceedings for attorneys' fees and costs. The settlement represents a compromise of liability and damages, and the United States does not admit that the vaccine caused the injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00785-0
Date issued/filed: 2024-04-09
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 03/06/2024) regarding 27 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00785-UNJ Document 31 Filed 04/09/24 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-785V
JANELLE HILL, Chief Special Master Corcoran
Petitioner, Filed: March 6, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jerome A. Konkel, Samster, Konkel & Safran, Wauwatosa, WI, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 20, 2022, Janelle Hill 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 right shoulder injury related to vaccine
administration (“SIRVA”), a Table injury, resulting from an influenza (“flu”) vaccine she
received on October 5, 2021. Pet. at 1, ECF No. 1. Petitioner further alleges that the
vaccine was administered in the United States, she experienced the residual effects of
her condition 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 her condition. Id. at 1, 5-
6. Respondent denies “that [P]etitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused [P]etitioner’s alleged SIRVA, or any other injury; and denies that
[P]etitioner’s current condition is a sequelae of a vaccine-related injury.” Stipulation at 2,
ECF No. 26.
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-00785-UNJ Document 31 Filed 04/09/24 Page 2 of 9
Nevertheless, on March 5, 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 $29,500.00 in the form of a check payable to Petitioner;
b. A lump sum of $71.50 representing reimbursement of a Medicaid lien for
services rendered to Petitioner by the State of Wisconsin, in the form of
a check payable jointly to Petitioner and the State of Wisconsin
Department of Health Services:
Wisconsin Casualty Recovery
5615 High Point Drive Suite 100
Irving, TX 75038-9984
Case Number: 263374
Petitioner has agreed to endorse this check to the State of Wisconsin
Department of Health Services; and
c. A lump sum of $504.443 representing reimbursement of a Medicaid lien
for services rendered to Petitioner by the State of Wisconsin, in the form
of a check payable jointly to Petitioner and Quartz c/o MultiPlan, Inc.:
MultiPlan
535 E. Diehl Road, Suite 100
Naperville, IL 60563
Case Number: 158457
Petitioner has agreed to endorse this check to the MultiPlan.
See Stipulation at 2-3. 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.4
3 The amounts listed in (b) and (c) represent full satisfaction of any right of subrogation, assignment, claim,
lien, or cause of action the State of Wisconsin may have against any individual as a result of any Medicaid
payments the State of Wisconsin has made to or on behalf of Petitioner as a result of Petitioner's alleged
injury relating to a vaccine administered on October 5, 2021, under Title XIX of the Social Security Act, see
42 U.S.C. § 300aa-15(g), (h).
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-00785-UNJ Document 31 Filed 04/09/24 Page 3 of 9
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3

Case 1:22-vv-00785-UNJ Document 31 Filed 04/09/24 Page 4 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JANELLE HILL, )
)
Petitioner, )
) No. 22-785V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Janelle Hill ("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 5, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table. Petitioner further alleges
that petitioner suffered the residual effects of the alleged 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 petitioner's behalf as a result of the alleged injuries.

Case 1:22-vv-00785-UNJ Document 31 Filed 04/09/24 Page 5 of 9
6. Respondent denies that petitioner sustained a SIRVA 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 sequelae 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 payments for all damages that would be available under 42
U.S.C. § 300aa-15(a):
a. A lump sum of $29,500.00 in the form of a check payable to petitioner.
b. A lump sum of $71.50 representing reimbursement of a Medicaid lien for services
rendered to petitioner by the State of Wisconsin, in the form of a check payable
jointly to petitioner and the State of Wisconsin Department of Health Services:
Wisconsin Casualty Recovery
5615 High Point Drive Suite 100
Irving, TX 75038-9984
Case Number: 263374
Petitioner agrees to endorse this check to the State of Wisconsin Department of
Health Services.
2

Case 1:22-vv-00785-UNJ Document 31 Filed 04/09/24 Page 6 of 9
c. A lump sum of $504.441 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of Wisconsin, in the form of a check payable
jointly to petitioner and Quartz c/o MultiPlan, Inc.:
MultiPlan
535 E. Diehl Road, Suite 100
Naperville, IL 60563
Case Number: 158457
Petitioner agrees to endorse this check to the MultiPlan.
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. § 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 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. Payments 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 of sufficient statutory funds.
1 The amounts listed in (b) and (c ) represent full satisfaction of any right of subrogation,
assignment, claim, lien, or cause of action the State of Wisconsin may have against any
individual as a result of any Medicaid payments the State of Wisconsin has made to or on behalf
of petitioner as a result of petitioner's alleged injury relating to a vaccine administered on
October 5, 2021, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
3

Case 1:22-vv-00785-UNJ Document 31 Filed 04/09/24 Page 7 of 9
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 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 Human 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
petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on
October 5, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about
July 20, 2022, in the United States Court of Federal Claims as petition No. 22-785V.
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 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 conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
4

Case 1:22-vv-00785-UNJ Document 31 Filed 04/09/24 Page 8 of 9
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 or significantly aggravated
petitioner's alleged shoulder injury or any other injury or petitioner's current disabilities, 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
5

Case 1:22-vv-00785-UNJ Document 31 Filed 04/09/24 Page 9 of 9
02/29/2024 17:01 P.001/00'1
R.especttW.ly submi~
PETmONER:
JlWJi& n,
~LBHILL
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATIORNEY GENERAL:
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0MB A. KQ. ........... HBAnmllL.P. . . MAN
.>L,
AMSTER. KONKEL & SAFRAN Deputy Director
s.c.
A Division of Groth Law Fmn. Torta Branch
11063 W. Bluemound Road Civil Division
Wauwatosa. WI S3226 U.S. Department ofJ ustice
(414) 375-2030 P.O. Box 146
jmy@grothlawfirm.com Bcajamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
~"Y•lgNdtivGtorsd.
Gdll\ll-S14
-S 14
~e:2024.010615S9'.S6-41S'OO'
CDR GEOROE REED GRIMES, MD, MPH
Director, Division of Iajury Trial Attomey
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
S600 Fishers Lane, 08W-2SA (202) 451-7499
Rockville, MD 20857 Dina.ren@usdoj.aov
Dated:
6