VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00587
Package ID: USCOURTS-cofc-1_23-vv-00587
Petitioner: Ceta Jagers-Reine
Filed: 2023-04-26
Decided: 2024-10-22
Vaccine: Tdap
Vaccination date: 2021-12-21
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Ceta Jagers-Reine filed a petition for compensation on April 26, 2023, alleging injury from a Tdap vaccine received on December 21, 2021. She claimed to have sustained a right shoulder injury related to vaccine administration (SIRVA), which is a condition listed on the Vaccine Injury Table. Petitioner alleged that she experienced residual effects of this condition for more than six months. Respondent denied that Petitioner sustained a Table SIRVA injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 9, 2024, agreeing to settle the case. Chief Special Master Corcoran adopted the stipulation as the decision awarding damages. Ceta Jagers-Reine was awarded a lump sum of $80,000.00 as compensation for all items of damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00587-0
Date issued/filed: 2024-10-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/09/2024) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00587-UNJ Document 27 Filed 10/22/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0587V
CETA JAGERS-REINE, Chief Special Master Corcoran
Petitioner,
v. Filed: September 9, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 26, 2023, Ceta Jagers-Reine 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 December 21, 2021, Petitioner received a tetanus-diphtheria-acellular
pertussis (“Tdap”) 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 right 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 SIRVA Table injury; denies that the
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-00587-UNJ Document 27 Filed 10/22/24 Page 2 of 7
Nevertheless, on September 9, 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 $80,000.00 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-00587-UNJ Document 27 Filed 10/22/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CETA JAGERS-REINE,
Petitioner, No. 23-S87V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent
STIPULATION
The parties hereby stipulate to the following matters:
I. On April 26, 2023, Ceta Jagers-Reine (''petitionerj filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa•l0
0
to -34 (the "Vaccine Program ). The petition seeks compensation for injuries allegedly related
to petitioner's receipt of a tetanus, diphtheria, acellular-pertussis ("Tdap") vacc:ine, which
vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.J(a).
2. Petitioner received the Tdap vaccine in her leR ann on December 21, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered from a shoulder injury related to vaccine
administration ("SJRVA") as a result of receiving the Tdap vaccine. Petitioner 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 as a result of her condition.

Case 1:23-vv-00587-UNJ Document 27 Filed 10/22/24 Page 4 of 7
6. Respondent denies that petitioner sustained a Table SIR VA 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.
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
pursuantto 42 U.S.C. § 300aa-2 l (a)(I ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $80,000.00 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-lS(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• I 5(g), to the extent that payment bas been made or can reasonably be
expected to be made under any State compensation programs, inswance 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.
2

Case 1:23-vv-00587-UNJ Document 27 Filed 10/22/24 Page 5 of 7
1 I . 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-I 5(i), subject
to the availability of sufficient starutory funds.
12. The parties and their attorneys further agree and stipulate that. except for any award
for attorneys' fees and litigation costs, and past wveimbursed expenses, the money provided
pursuant to Ibis Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §300aa-1 S(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-1 S(g) and (h).
13. In return for the payment described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behaJf of her heirs, executors, administrators, successors or assians,
does forever inevocably 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 time)y
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 petitioner resulting
from, or alleged to have resulted from the Tdap vaccination administered on December 21, 2021,
as alleged by petitioner in a petition for vaccine compensation filed on or about April 26, 2023,
in the United States Court of Federal Claims as petition No. 23-587V.
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.
3

Case 1:23-vv-00587-UNJ Document 27 Filed 10/22/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or ifthe 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 petitioner sustained a SIRVA Table injury; that the
Tdap vaccine caused petitioner's shoulder injury or any other injury; or that her current condition
is a sequela of a vaccine-related injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner• s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:23-vv-00587-UNJ Document 27 Filed 10/22/24 Page 7 of 7
RespectfuJly submitted,
PETITIONER:
~~~~
ATTORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
""""'~.P..f-9.t,.µAr---
HEATHER L. PEARLMAN
Law Offices of Lea Deputy Director
1717 K Street. NW Torts Branch
Suite 900 Civil Division
Washington, DC 20006 U.S. Department of Justice
Tel: (202) 775-9200 P.O. Box 146
Email: ldurant@duranttlc.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes 01;i1'111ysi9ntdbyGt<)(Ot1t ~
~ -s1•
-S 14
0.lte: 202•.oa.10 11.21.1•-o4w
CAPT GEORGE REED GRIMES, MD, MPH ~
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
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 Tel: (202) 616-2879
5600 Fishers Lane, 08W-25A Email: Mary.E.Novakovic@usdoj.gov
Rockville, MD 20857