VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00876
Package ID: USCOURTS-cofc-1_22-vv-00876
Petitioner: Erla Wise
Filed: 2022-05-22
Decided: 2024-06-24
Vaccine: influenza
Vaccination date: 2020-10-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 16453

AI-assisted case summary:
Erla Wise filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 17, 2020. Respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury. Nevertheless, the parties filed a joint stipulation agreeing to settle the case and award compensation. The decision awards Erla Wise a lump sum of $15,000.00 and $1,453.93 to reimburse the State of Ohio Medicaid lien, totaling $16,453.93. This compensation covers all damages available under the Vaccine Act. The stipulation also addresses future proceedings for attorneys' fees and costs. The parties released the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the flu vaccination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00876-0
Date issued/filed: 2024-06-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/22/2024) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00876-UNJ Document 39 Filed 06/24/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0876V
ERLA WISE, Chief Special Master Corcoran
Petitioner, Filed: May 22, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 10, 2022,Erla Wisefiled 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 an influenza (“flu”) vaccine received on October
17, 2020. Petition at 1-7;Stipulation, filedMay 21, 2024(ECF No.37),at ¶¶2-4.Petitioner
further alleges that the flu vaccine was administered in the United States, her vaccine-
related injury lasted for 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 her vaccine-related injury. Petition at ¶¶ 1, 22, 25, 26; Stipulation at ¶¶ 3-
5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner’s alleged shoulder injury; and further denies that the flu vaccine
caused petitioner to suffer from any other injury or her current condition.” Stipulation at
¶ 6.
1Because 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.
2National 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-00876-UNJ Document 39 Filed 06/24/24 Page 2 of 8
Nevertheless, on May 21, 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 $15,000.00 in the form of a check payable to Petitioner;
and
b. A lump sum of $1,453.93, representing reimbursement of the State of
Ohio Medicaid lien, in the form of a check payable jointly to Petitioner
and Treasurer, State of Ohio.
Petitioner agrees to endorse this check to Treasurer, State of Ohio, and mail the
check to the following address:
HMS – a Gainwell Technologies Company
Ohio Tort Recovery Unit
5475 Rings Road Suite 125
Dublin, OH 43017
These amounts represent compensation for all items of damages that would be
available under Section 15(a). Id. Stipulation at ¶ 8.
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.
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Case 1:22-vv-00876-UNJ Document 39 Filed 06/24/24 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ERLA WISE.
No. 22-876V
Petitioner.
Chief Special Master Corcoran
ECF
V.
SECRETARY OF HEALTH AND HUMAN
SERVICES.
Respondent.
STIPULATION
The pru1ics hereby stipulate to the following matters:
1. Petitioner. Erla Wisc. filed a petition for vaccine compensation under the National
Vaccine lnjlu-y Compensation Program. 42 U.S.C. § 300aa-10 to -34 (the "Vaccine Program").
The petition seeks compensation for injtu-ies allegedly related to petitioner's receipt of the
influenza ('•flu'') vaccine. which is contained in the Vaccine h1jury Table (the "Table''). 42
C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine 011 October 17. 2020.
3. The vaccine was administered within the United States.
4. Petitioner allc~cs that she sustained a shoulder injury l'elated to vaccine
administration ('·Sm.VA'') within the time period set forth in the Table. or in the alternative. that
hel' alleged shoulder injury was caused by the vaccine. Petitioner further alleges that she
experienced the residual cffe cts of this condition for more than six months.
5. Petitioner rep1·eseuts that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
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Case 1:22-vv-00876-UNJ Document 39 Filed 06/24/24 Page 4 of 8
6. Respondent denies that petitioner sustained a SIRVA Table injury: denies that the flu
vaccine caused petitioner's alle{led shoulder injmy: and further denies that the flu vaccine caused
petitioner to suffer from any other injury or ber 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 pru·agraph 8 of th.is Stipulation.
8. As soon as practicable after an entry of judgment 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-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
a. A lump stun of $15.000.00 in the fonn of a check payable to petitioner.
b. A lump sum of$1.453.93. representing t'eimbursement of the State of Ohio Medicaid
lien, in the fonn of a check payable jointly to petitioner and Treasurer. State of Ohio.
Petitioner agrees to endorse this check to Treasurer. State of Ohio and mail the
check to the following address:
HMS - a Gainwell Technologies Company
Ohio Tort Recovery Unit
5475 Rings Road Suite 125
Dublin. OH 4301 7
This huup stun represents full satisfaction of any right of subrogation. assigmnent.
claim. lieu. 01· cause of action the state of Ohio may have against any individual as a
result of ru1y Medicaid payments the state of Ohio has made to or ou behalf of petitioner
from tbe date of her eligibility for benefits through the date ofj udgment in this case as a
result of her alleied vaccine-related injury suffered on or about October 17. 2020. tmder
Title XIX of tbe Social Security Act.
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Case 1:22-vv-00876-UNJ Document 39 Filed 06/24/24 Page 5 of 8
These amounts rcprec;ent 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 th.is case. and
after petitioner has filed both a proper and timely election to receive compensation pumaaut to
42 U.S.C. § 300aa-21(a)(l). and an application. the pa11ies will submit to further proceedings
before the special master to award reasonable attomeys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attomey represent that compensation to be provided plU"suant to
this Stipulation is not for any items or services for which the Prol?fam 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 ou a pre-paid basis.
11. Payments made pmsuant to paragraph 8 and any ruuo,mtc; 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 pa11ies aud their attomeys further 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 coustmction of 42 U.S.C. § 300aa-l S(a) and (d). and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (b).
13. hl return for the payments described iu paragraphs 8 and 9. petitioner. in her
individual capacity. and 011 behalf of her heit-s. executors. administrators. successors or assigns.
docs forever itTevocably and unconditionally release. acquit and discharge the United States and
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Case 1:22-vv-00876-UNJ Document 39 Filed 06/24/24 Page 6 of 8
the Secretary of Health and Hmnan 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 u.1 the Court of Federal Claims. under the National Vaccine Injury Compensation
Progrnm. 42 U.S.C. § 300 aa•l0 ct seq. . on accotu1t of. or in any way growing out of. any and all
known or unknown. suspected or tlllsuspcctcd personal injuries to or death of petitioner resultwi
from. or alleged to have resulted from. the flu vaccination admwistered on October 17. 2020. as
alleged in a petition for vaccine compensation filed on or about August 10. 2022. in the United
States Com1 of Federal Claims as petition No. 22-876V.
14. If petitioner should die prior to entty of judgment. this agreement shall be voidable
upon proper notice to the Cou11 on behalf of either or both of the partier..
15. If the special master fails to issue a decision in complete coufonnity with the tenns
of this Stipulation or if the Court of Federnl Claims fails to enter judgment in coufonnity with a
decision that is in complete confonnity with the tenus 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
pa11ies hereto to make auy payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The pa11ies 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
amotuit of damages. and further. that a change in the nature of the injmy or condition or in the
items of compensation sought. is not grounds to modify or revise this agreement.
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Case 1:22-vv-00876-UNJ Document 39 Filed 06/24/24 Page 7 of 8
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17. This Stipulation shall not be coustmcd as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury 01· her current disability. or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner herem1dcr shall apply equally to petitioner•.,
heirs. executors. administrators. successors. and/or assigns.
END OF STIPULATION
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Case 1:22-vv-00876-UNJ Document 39 Filed 06/24/24 Page 8 of 8
Respectfully submitted.
PETITIONER:
1=-_f:tr,U _, A) l.4&---~-]
(l
f
ERLA WISE
ATTORi"IBY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
:J,),,y"'h/# t,
'i1tlt~ ~ £ ~ ~
JESSICA A. OLINS
Maglio Christopher & Toale Law Finu Deputy Director
1325 4th Ave. Suite 1730 T 011s Branch
Seattle. WA 98101 Civil Division
Tel: (888) 952-5242 U.S. Department of Justice
jolins@mctlaw.com P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SER\'1CES: ; J
George R. Grimes If_/
Ou;i,tallysignedby(ieoroeR.
(,,imes •S1 4
-S14
0.lte:2024.04.1916:IS:02-04'00'
CDR GEORGE REED GRIMES. MD. MPH TYLE~ ,KJNO
Director. Division of Injmy Trial Attomey
Compensation Programs Torts Branch. Civil Division
Health Systems Bureau U.S. Depa11ment of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington. DC 20044-0146
aud Human Services Tel: (202) 305-073 0
5600 Fishers Lane. 08W-25A Tyler.King@usdoj.gov
Rockville. MD 20857
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