VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00461
Package ID: USCOURTS-cofc-1_23-vv-00461
Petitioner: G.G.
Filed: 2024-12-18
Decided: 2025-01-22
Vaccine: HPV
Vaccination date: 2022-03-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Erika Gray, as the natural guardian and legal representative of her minor son G.G., filed a petition for compensation under the National Vaccine Injury Compensation Program on March 31, 2023. G.G. allegedly suffered a shoulder injury related to vaccine administration (SIRVA) as a direct and proximate cause of the human papillomavirus (HPV) vaccine he received on March 30, 2022. The petition stated that G.G. received the vaccine in the United States and suffered residual effects of the SIRVA for more than six months. The respondent denied that the HPV vaccine caused G.G.'s alleged Table SIRVA or any other injury. Despite these positions, the parties filed a joint stipulation on December 18, 2024, agreeing to settle the issues and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The award included a lump sum of $1,000.00 for unreimbursable expenses, payable to Erika Gray, and $19,000.00 to purchase an annuity contract for G.G. The annuity contract will provide annual payments of $5,331.41 for four years certain, beginning May 28, 2027. These amounts represent compensation for all damages available under the Vaccine Act. The decision was entered on January 22, 2025. Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and respondent was represented by Elizabeth Andary of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments G.G. received.

Theory of causation field:
Petitioner alleged that G.G. suffered a Table shoulder injury related to vaccine administration (SIRVA) as a direct and proximate cause of the human papillomavirus (HPV) vaccine received on March 30, 2022. Respondent denied that the HPV vaccine caused G.G.'s alleged Table SIRVA or any other injury. The parties filed a joint stipulation agreeing to settle the issues and award compensation. The Special Master adopted the stipulation. The award included $1,000.00 for unreimbursable expenses and $19,000.00 for an annuity contract providing $5,331.41 annually for four years certain, beginning May 28, 2027. The stipulation was filed on December 18, 2024, and the decision was entered on January 22, 2025. Petitioner's counsel was Nancy Routh Meyers, and respondent's counsel was Elizabeth Andary. Chief Special Master Brian H. Corcoran issued the decision. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00461-0
Date issued/filed: 2025-01-22
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 12/18/2024) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00461-UNJ Document 31 Filed 01/22/25 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0461V
ERIKA GRAY, as Natural Guardian Chief Special Master Corcoran
and Legal Representative of her Minor
Son, G.G., Filed: December 18, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 31, 2023, Erika Gray 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 behalf of her minor son, G.G. Petitioner alleges that G.G. suffered a shoulder injury
related to vaccine administration (“SIRVA”), as a direct and proximate cause of the human
papillomavirus (“HPV”) vaccine G.G. received on March 30, 2022. Petition at 1, ¶¶ 2, 16,
21; Stipulation, filed Dec. 18, 2024, ¶¶ 1-2, 4. Petitioner further alleges that G.G. received
the vaccine within the United States, that G.G. suffered the residual effects of the SIRVA
for more than six months, and that neither she nor any other party has filed a civil action
or received compensation for G.G.’s SIRVA, alleged as vaccine caused. Petition at ¶¶ 2,
15, 18-19; Stipulation at ¶¶ 3-5. “Respondent denies that G.G.’s alleged Table SIRVA or
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-00461-UNJ Document 31 Filed 01/22/25 Page 2 of 9
its residual effects were caused by the HPV vaccine; and denies that the HPV vaccine
caused G.G.’s current condition.” Stipulation at ¶ 6.
Nevertheless, on December 18, 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 $1,000.00, representing compensation for actual
unreimbursable expenses, in the form of a check payable to Petitioner,
Erika Gray; and
b) An amount of $19,000.00 to purchase the annuity contract described in
the Stipulation, made payable to the life insurance company from which
the annuity will be purchase.
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-00461-UNJ Document 31 Filed 01/22/25 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ERIKA GRAY, as Natural Guardian and
Legal·R epresentative of
her Minor Son, G.G.,
Petitioner, No. 23-461V
Chief Special Master Brian H. Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
l. Erika Gray ("petitioner"), on behalf of G.G., a minor child, filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0
to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related
to G.G.'s receipt of the human papillomavirus ("HPV") vaccine, which vaccine is contained in
the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. G.G. received the HPV vaccine on or about March 30, 2022.
3. The vaccination was administered within the United States.
4. Petitioner alleges that G.G. suffered a Table shoulder injury related to vaccine
administration ("SIRVA") as a result of the HPV vaccination. Petitioner further alleges that
G.G. 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 G.G.'s behalf as a result ofG.G.'s condition.

Case 1:23-vv-00461-UNJ Document 31 Filed 01/22/25 Page 4 of 9
6. Respondent denies that G.G.'s alleged Table SIRVA or its residual effects were
caused by the HPV vaccine; and denies that the HPV vaccine caused G.G. any other injury or
G.G.'s 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 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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $1,000.00, which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to petitioner, Erika Gray;
b. An amount of $19,000.00 to purchase the annuity contract described in paragraph 10
below, paid to the life insurance company from which the annuity will be purchased
(the "Life Insurance Company").
These amounts represent compensation for all damages that would be available under 42
U.S.C. §300aa-15(a).
9. The Life Insurance Company must have a minimum of $250,000,000.00 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+,orAAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
2

Case 1:23-vv-00461-UNJ Document 31 Filed 01/22/25 Page 5 of 9
10. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of G.G., pursuant to which the Life Insurance
Company will agree to make annuity payments to G.G. for all other damages that would be
available under 42 U.S.C. §300aa-15(a), as follows:
a. Beginning May 28, 2027, $5,331.41 per year for four years certain.
The purchase price of the annuity described in this paragraph shall neither be greater than
nor less than $19,000.00. In the event that the cost of the annuity set forth above varies from
$19,000.00, the annuity payment set forth above shall be adjusted to ensure that the total cost of
the annuity is neither less nor greater than $19,000.00. Should G.G. predecease payment of any
of the certain annuity payments set forth above, said payments shall be made to his estate.
However, written notice to the Secretary of Health and Human Services and the Life Insurance
Company shall be provided within twenty (20) days of G.G.'s death.
11. The annuity contract will oe owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. The parties stipulate and agree that the annuity payments cannot be assigned,
accelerated, deferred, increased, or decreased by the parties and that no part of any annuity
3

Case 1:23-vv-00461-UNJ Document 31 Filed 01/22/25 Page 6 of 9
payments called for herein, nor any assets of the United States or the annuity company, are
subject to execution or any legal process for any obligation in any manner. Petitioner and
petitioner's heirs, executors, administrators, successors, and assigns do hereby agree that they
have no power or right to sell, assign, mortgage, encumber, or anticipate said annuity payments,
or any part thereof, by assignment or otherwise, and further agree that they will not sell, assign,
mortgage, encumber, or anticipate said annuity payments, or any part thereof, by assignment or
otherwise.
•1 3. 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-2l(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.
14. 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.
15. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 13 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
16. 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
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Case 1:23-vv-00461-UNJ Document 31 Filed 01/22/25 Page 7 of 9
pursuant to this Stipulation will be used solely for the benefit of G.G. as contemplated by a strict
construction of 42 U.S.C. § 300aa-l5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l5(g) and (h).
17. Petitioner represents that she presently is, or if necessary will become, duly
authorized to serve as guardian of G.G.'s estate under the laws oft he State of North Carolina.
18. In return for the payments described in paragraphs 8 and 13, petitioner, in her
individual capacity and as legal representative of G.G., on behalf of herself, G.G., and his heirs,
executors, administrators, successors or assigns, do 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. § 300 aa-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 G.G. resulting from, or alleged to have resulted from, the HPV vaccination
administered on March 30, 2022, as alleged in a petition for vaccine compensation filed on or
about March 31, 2023, in the United States Court of Federal Claims as petition No. 23-461 V.
19. IfG.G. 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.
20. If the special master fails to issue a decision in complete conformity with the terms
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.
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Case 1:23-vv-00461-UNJ Document 31 Filed 01/22/25 Page 8 of 9
21. 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 13 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.
22. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
23. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the HPV vaccine caused G.G.'s alleged injury, or
any other injury or G.G. 's current condition, or that G.G. suffered an injury contained in the
Vaccine Injury Table.
24. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
6

Case 1:23-vv-00461-UNJ Document 31 Filed 01/22/25 Page 9 of 9
Respectfully submitted,
PETmONER:
ATIORNEYOFRECORDFOR AUTHORJZED REPRSENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
NANCY RS HEATIIER L PEARLMAN
~lion Deputy Direetor
300 North Greene St, Suite 2000 Torts Branch
Greensboro, NC 27401 Civil Division
(336) 645-3320 U.S. Department ofJ ustice
E-mail: omeyers@,tumingpoinUitcom 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 SERVICES:
Je f fr ey S• ~ltally signed by
JefffeyS.Beach-S
--~~ch -S
Date:2024.09.18
u~..... 11:58:-46 -04'00' for ~ -fA- ~
CAPT GEORGE REED GRIMES, MD. MPH ELIZABETH A. ANDARY
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department ofJ ustice
Administmion P.O.Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington. DC 20()44..()146
5600 Fishers Lane. 08W-2SA Tel: (202) 616-9824
R.ockvilJe, MD 20857 E-mail: Elizabeth.A.Andaryratusdoj.gov
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