VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00305 Package ID: USCOURTS-cofc-1_23-vv-00305 Petitioner: Nancy Hardy Filed: 2023-03-01 Decided: 2024-10-10 Vaccine: influenza Vaccination date: 2020-11-24 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Nancy Hardy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 24, 2020. The flu vaccine is listed on the Vaccine Injury Table, and Ms. Hardy alleged her injury occurred within the Table's timeframe and resulted in residual effects for more than six months. Respondent denied that Ms. Hardy sustained a Table SIRVA injury or that any vaccine caused her condition. Despite these opposing positions, the parties filed a joint stipulation to settle the case. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Hardy was awarded a lump sum of $10,000.00 as compensation for all damages available under the program. The decision also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs. This stipulation represents a full and complete negotiated settlement of liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00305-0 Date issued/filed: 2024-11-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/10/2024) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00305-UNJ Document 43 Filed 11/18/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0305V NANCY HARDY, Chief Special Master Corcoran Petitioner, v. Filed: October 10, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 1, 2023, Nancy Hardy filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On November 24, 2020, Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a Table SIRVA injury; denies that any vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. 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 1:23-vv-00305-UNJ Document 43 Filed 11/18/24 Page 2 of 7 Nevertheless, on October 10, 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 $10,000.00 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-00305-UNJ Document 43 Filed 11/18/24 Page 3 of 7 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS NANCY HARDY, Petitioner, (SPU) No. 23-305V V. Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Nancy Hardy, 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 the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), § (a). 42 C.F.R. 100.3 . ' 2. Petitioner received the vaccine on or about November 24, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a left Shoulder Injury Related to Vaccine . . . . Administration ("SIRVA") within the time period set forth in the Table. She further alleges that . . . she. experienced the residual effects of this conditi9n for more than six months. 5. Petitioner represents that there has' been no prior award or· settlement of a civil action for damages arising out of the alleged vaccine injury. - 1 - Case 1:23-vv-00305-UNJ Document 43 Filed 11/18/24 Page 4 of 7 6. Respondent denies that petitioner suffered a Table SIRVA injury; denies that any vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that petitioner's current 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 of judgment 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 $10,000.00, 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-l 5(a). 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 any 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-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 (o ther than Title XIX of the Social Security Act (4 2 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis, and -2 - Case 1:23-vv-00305-UNJ Document 43 Filed 11/18/24 Page 5 of 7 represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U,S.C. § 300aa-l 5(g). 11. Payment 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-l 5(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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit ofp etitioner as contemplated by a strict construction of4 2 U.S.C. § 300aa-l S(a) and (d), and subject to the conditions of4 2 U.S.C. §300aa-l 5(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 United States 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, vaccination as alleged by petitioRer in a petition for vacoine compensation filed-0n or about March 1, 2Q23, in the United States Court of Federal Claims as petition No. 23-305V. -3 - Case 1:23-vv-00305-UNJ Document 43 Filed 11/18/24 Page 6 of 7 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf ofe ither or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the tenns of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in confo1mity 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 liabifity 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 any vaccine caused petitioner's alleged injury or any other injury or petitioner's current condition, 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 -4- Case 1:23-vv-00305-UNJ Document 43 Filed 11/18/24 Page 7 of 7 R fully subminfd. P£TITIONER: AUTHORl7..ED REPRf.SENTATIVE A'ITORNEVOFRECORDFOR PET OF THE ATTORNEY GENERAL: q;Ji..v.. e JO HEA ntER L. PEARLMAN Ho e Law, P.C. Deputy Oiffflor 2608 Hibernia Sc. TOIU Branch. Civil Division Dallas. TX 7S204 u.s.0eparuncn,ofJUSlke (214)622-6340 P.O. Box 146 JHowic@Howie w.net Benjamin Franklin Station Washingtc,n. DC 20()44.()146 AUTHORIZED REPRESENI'A TJVE A1 TORNEY OF RECORD FOR OF TIIE SECRETARY OP HEALT H RESPONDENT: AND HUMAN SER=VICES:r "' Jeffreys. ·Beach S · =:,••o.ou