VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00254
Package ID: USCOURTS-cofc-1_23-vv-00254
Petitioner: Peggy Evans
Filed: 2023-09-09
Decided: 2024-10-11
Vaccine: influenza
Vaccination date: 2021-10-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Peggy Evans filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) in each shoulder. She received a pneumococcal conjugate (Prevnar-13) and an influenza (flu) vaccine on October 30, 2021. Ms. Evans alleged that these vaccines caused bilateral shoulder injuries that have resulted in pain and impairment for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused her injuries. However, the parties reached a joint stipulation to settle the case. The court adopted the stipulation as its decision, awarding Ms. Evans a lump sum of $135,000.00. This amount represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00254-0
Date issued/filed: 2024-10-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/09/2024) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00254-UNJ Document 33 Filed 10/11/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0254V
PEGGY EVANS, Chief Special Master Corcoran
Petitioner, Filed: September 9, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 22, 2023, Peggy Evans 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”) in each shoulder resulting from pneumococcal conjugate
(“Prevnar-13”) and influenza (“flu”) vaccines received on October 30, 2021. Petition at 1;
Stipulation, filedSeptember 9, 2024,at ¶¶ 2-4.Petitioner further alleges that the vaccines
were received in the United States, her injuries have caused pain and impairment for a
period longer than six months, and neither Petitioner, nor any other party, has ever filed
any civil action or received compensation in the form of an award or settlement for
Petitioner’s vaccine-related injuries. Petition at ¶¶ 4, 5, 25, 28, 29; Stipulation at ¶¶ 3-5.
“Respondent denies that the flu or Prevnar-13 vaccines caused petitioner to suffer
bilateral shoulder injuries or any other injury or her current condition, and denies that
petitioner sustained a SIRVA Table injury in either shoulder.” 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-00254-UNJ Document 33 Filed 10/11/24 Page 2 of 7
Nevertheless, on September 9, 2024,the parties filed the attachedjoint 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 $135,000.00 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 1:23-vv-00254-UNJ Document 33 Filed 10/11/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PEGGY EVA NS, )
)
Petitioner, )
) No. 23-254V
v. ) Chief Special Master Corcoran (SPU)
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
l. Peggy Evans, 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 bilateral shoulder injuries allegedly related to petitioner's
receipt of an influenza ("flu") vaccine and a pneumococcal conjugate ("Prevnar-13 ") vaccine,
which are vaccines contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu and Prevnar-13 immunizations on October 30, 2021.
3. The vaccinations were administered within the United States.
4. Petitioner alleges that she sustained, in each shoulder, a Shoulder Injury Related to
Vaccine Administration ("SIRVA") as defined in the Table; she further alleges that the flu and
Prevnar-13 vaccines caused her alleged shoulder injuries, and that she suffered the residual
effects of her a1leged 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 her behalf as a result of her condition.
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Case 1:23-vv-00254-UNJ Document 33 Filed 10/11/24 Page 4 of 7
6. Respondent denies that the flu or Prevnar-13 vaccines caused petitioner to suffer
bilateral shoulder injuries or any other injury or her current condition, and denies that petitioner
sustained a SIRVA Table injury in either shoulder.
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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $135,000.00 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. § 300aa-1S(a).
9. As soon as practicable after the entry ofj udgment 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 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
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.
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Case 1:23-vv-00254-UNJ Document 33 Filed 10/11/24 Page 5 of 7
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-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys 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 construction of 42 U.S.C. § 300aa-1S(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 her 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 and Prevnar-13 immunizations administered on
October 30, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or
about February 22, 2023, in the United States Court of Federal Claims as petition No. 23-254V.
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.
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Case 1:23-vv-00254-UNJ Document 33 Filed 10/11/24 Page 6 of 7
15. If the special master fails to issue a decision in complete confonnity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity 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.
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 or Prevnar-13 vaccines caused or
significantly aggravated petitioner's alleged shoulder injuries, or any other injury or her current
condition.
18. All rights and obligations of petitioner hereunder shaJl apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:23-vv-00254-UNJ Document 33 Filed 10/11/24 Page 7 of 7
RespectfuJly submitted,
PETITIONER:
PEGGY EVANS
ATIORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
J
Counsel for e 1 1oner Deputy Director
SHANNON LAW GROUP, P.C. Torts Branch, Civil Division
6825 Hobson Valley Drive, Suite 101 U.S. Department of Justice
Woodridge, IL 60517 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALT H RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
OigkaJysignedbyGeorgell.
Grimes•S14
-S 14
Oate; 2024.08.3010:21;18-o-4'00'
CAPT GEORGE REED GRJMES, MD, MPH
Director, Division of Injury rial Attorney
Compensation Programs Torts Branch, Civil Divtsion
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services (202) 307-1815
5600 Fishers Lane, 08W25A kimberly.davey@usdoj.gov
Rockville, MD 20857
'9 I
affi\1
9
Dated:
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