VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01279 Package ID: USCOURTS-cofc-1_22-vv-01279 Petitioner: Baleigh G. Scheibner Filed: 2022-09-13 Decided: 2024-06-11 Vaccine: influenza Vaccination date: 2020-10-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Baleigh G. Scheibner filed a petition for compensation under the National Vaccine Injury Compensation Program on September 13, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 1, 2020. The petitioner stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for this injury. Respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the 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 Baleigh G. Scheibner a lump sum of $35,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case was resolved via stipulation, with the petitioner receiving compensation for her SIRVA claim. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01279-0 Date issued/filed: 2024-06-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/09/2024) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01279-UNJ Document 42 Filed 06/11/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1279V BALEIGH G. SCHEIBNER, Chief Special Master Corcoran Petitioner, Filed: May 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kimberly Wilson White, Wilson Law, P.A., Raleigh, NC, for Petitioner. Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 13, 2022, Baleigh Scheibner 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 vaccination administered on October 1, 2020. Petition at 1; Stipulation, filed at May 2, 2024, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of her condition for more than six months, and 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. Petition at 1, 4; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. Stipulation at ¶ 6. 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-01279-UNJ Document 42 Filed 06/11/24 Page 2 of 7 Nevertheless, on May 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 $35,000.00 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-01279-UNJ Document 42 Filed 06/11/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE Of SPECIAL MASTERS BALEIGH G. SCHEIBNER. Petitioner. No. 22-1279V Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES. Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Baleigh G. Scheibner ('·petitioner''). filed a petition for vaccine compensation under the National Vaccine:: Injury Compensation Program. 42 U.S.C. § J00aa-10 to 34 (the ··Vaccine Program"}. The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza r-nu··) 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 October I. 2020. in her right arm. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SrRV A'') within the time period set forth in the Table. She further alleges that she experienced the residual effects of this 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 or her alleged injury. Case 1:22-vv-01279-UNJ Document 42 Filed 06/11/24 Page 4 of 7 6. Respondent di:nies that petitioner sustained a SIRY J\. Table injury: denies that the rnccine caused petitioner's allegi:d shoulder injttr) or any other inju1'): and denies that her current condition is a sequcla 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 i:ntcred awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofjudgment rl.!flecting 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-2l(a)( I). the Secretary of Health and Human Services will issue the following \·accinc compensation payment: A lump sum of $35,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be a\·ailablc under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry ofjudgment on entitlement in this case. and afier petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)( I). and an application. the pa11ies will submit to further proceedings before the special master to a\vard reasonable attorneys· fees and costs incLmed 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 H2 U.S.C. * 1396 et seq.)). or by entities that provide health services on a pre-paid basis. 2 Case 1:22-vv-01279-UNJ Document 42 Filed 06/11/24 Page 5 of 7 I I. Payment made pursuunt to para1:,.'faph 8 and any amounts awarded pursuant to paragraph 9 or this Stipulation will be made in accordance with 41 U.S.C. § 300aa-l 5(i). subject to the a\·ailability or sufficient 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 unreimbursable expenses. the money pro,·ided pursuant to this Stipulation will be used solely for th~ benefit of petitioner as contemplated by a * strict construction of 41 U.S.C. 300aa-I 5(a) and (d). and subject to the conditions of 41 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 behalfofher 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-l Oe t seq .. on account ot: or in any \vay 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 l. 2020. as alleged in a petition for vaccine compensation filed on or about September 13. 2022. in the United States Court of Federal Claims as petition No. 22-l 279V. 1-L 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 or the parties. 3 Case 1:22-vv-01279-UNJ Document 42 Filed 06/11/24 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of th is Stipulation or if the Court of Federal Claims foils to enter judgment in con form it) 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 pa1ty. 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 or 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 funher. that a change in the nature of the injury or condition or in the items of compensation sought. is not grounds to modify or re\'ise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and lluman Services that the flu ,·accinc caused petitioner·s alleged injury or any other injury or her 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 Case 1:22-vv-01279-UNJ Document 42 Filed 06/11/24 Page 7 of 7 Respectfully suhmill~d. PF:TITIONER: ~~ BALEIGH G. SCHEIBNER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ISi ~#-P&A/VI-IV- w0~ ~ ls/ ~B( 3 ~ I ERL Y WILSON WHITE HE/\THER L. PEARLMAN WILSON LAW, P.A. Deputy Director 434 fayetteville St.. Suite 2060 Torts Branch Raleigh, NC 27601 Civil Division (919) 890-0 I 80 U.S. Department of Justice kim@wilsonlawpa.com P.O. Box 146 Benjamin Franklin Station Washington. DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY Of RECORD FOR OF THE SECRET ARY OF HEALT H RESPONDENT: AND HUMAN SERVICES: Digitally signed by