VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00198 Package ID: USCOURTS-cofc-1_23-vv-00198 Petitioner: Ashlee M. Hong Filed: 2025-03-14 Decided: 2025-04-17 Vaccine: influenza Vaccination date: 2020-08-26 Condition: shoulder injury related vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62500 AI-assisted case summary: Ashlee M. Hong filed a petition for vaccine compensation on March 14, 2025, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on August 26, 2020. Ms. Hong claimed the injury resulted in residual effects lasting more than six months. The respondent denied that Ms. Hong sustained a SIRVA Table injury or that the vaccine caused her alleged left shoulder injury. Despite these differing positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Ms. Hong a lump sum of $62,500.00 for all damages. This amount is intended to compensate for all items of damages available under the Vaccine Act. The decision was issued on April 17, 2025. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, or treatments related to Ms. Hong's alleged injury, nor does it name any medical experts. Theory of causation field: Petitioner Ashlee M. Hong received an influenza vaccine on August 26, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation to settle the case, agreeing to an award of $62,500.00 for all damages. The case proceeded as a Table claim, though entitlement was contested by the respondent. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented, but adopts the stipulation as the basis for the award. The decision was issued by Chief Special Master Brian H. Corcoran on April 17, 2025. Petitioner's counsel was Jeffrey S. Pop, and Respondent's counsel was Alexa Roggenkamp. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00198-0 Date issued/filed: 2025-04-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/14/2025) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00198-UNJ Document 36 Filed 04/17/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-198V ASHLEE M. HONG, Chief Special Master Corcoran Petitioner, Filed: March 14, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 10, 2023, Ashlee Hong 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 vaccine administration (“SIRVA”) after receiving an influenza (“flu’) vaccination on August 26, 2020. Petition at 1; Stipulation, filed at March 13, 2025, ¶¶ 2-4. Petitioner further alleges she suffered the residual effects of this alleged injury 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 or condition. Stipulation at ¶¶ 4-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged left shoulder injury or any other injury, and denies that her current condition is a sequela of a vaccine-related injury. ” 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 1:23-vv-00198-UNJ Document 36 Filed 04/17/25 Page 2 of 7 Nevertheless, on March 13, 2025, 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 $62,500.00,to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:23-vv-00198-UNJ Document 36 Filed 04/17/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ASHLEE M. HONG, Petitioner, No. 23-198V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Ashlee M. Hong ("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 is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on August 26, 2020. 3. The vaccination was administered within the United States. 4. Petitioner a11eges that she sustained-a left shoi1lder injury related to vaccination administration ("SIRVA") within the time period set forth in the Table following administration of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu vaccine. She further alleges that she experienced the residual effects of this alleged injury for more than six months. Case 1:23-vv-00198-UNJ Document 36 Filed 04/17/25 Page 4 of 7 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 injury or condition. 6. Respondent denies that petitioner sustained a SIRVA Table injury: denies that the vaccine caused petitioner's alleged left shoulder injury or any other injury, and denies that her cutTent 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 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-2 l (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $62,500.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents 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 this case, and after petitioner has filed both a proper an.d 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 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 2 Case 1:23-vv-00198-UNJ Document 36 Filed 04/17/25 Page 5 of 7 expected to be made under any State compensation programs, insurance policies., Federal or State health benefits programs (other than Title XIX of the Social Secui·ity 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 IS(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys fwther 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-l 5{g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her 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 Sel'vices 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 ot unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on August 26, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about February I 0, 2023, in the United States Court of Federal Claims as petition No. 23-198V. 3 Case 1:23-vv-00198-UNJ Document 36 Filed 04/17/25 Page 6 of 7 14. If petitioner should die prior t_o 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 tem,s of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity 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 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 1 items of compensation sought, is not grounds to modify or revise this agreement. I 7. 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 injury or any other injury or her current condition, or that petitioner suffet'ed 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 I I I I 4 Case 1:23-vv-00198-UNJ Document 36 Filed 04/17/25 Page 7 of 7 Respectfully submitted, PETITIONER: A ~ ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ~ ~ ~ -<. f'l_JJ....}y-- HEATHER L. PEARLMAN Jeffrey S. Pop & Associates Deputy Director 9150 Wilshire Blvd., Suite 241 Torts Branch Beverly Hills, CA 90212 Civil Division (310) 273-5462 U.S. Department of Justice (310) 274-7749 Fax P.O. Box 146 Email: jpop@poplawyer.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: Jeffreys. Dlgltallyslgnedby Jeffrey S, Beach ·S 8 eac h -S . Date: 2025.03.07 tor 10:24:12-0s·oo· CAPT GEORGE REED GRIMES, MD, MPH Director, Division oflnjury Tl'ial Attorney 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 5600 Fishers Lane, 08W-25A 202-616-4179 Rockville, MD 20857 atexa.roggenkamp@usdoj.gov I Dated: 3 / I 3 7., '-: I 1 5