VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00786
Package ID: USCOURTS-cofc-1_23-vv-00786
Petitioner: Leslie Susie
Filed: 2023-05-31
Decided: 2024-07-22
Vaccine: influenza
Vaccination date: 2021-10-19
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 34110

AI-assisted case summary:
Leslie Susie filed a petition for vaccine compensation on May 31, 2023, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 19, 2021. She stated that the vaccine was administered in the United States, she experienced residual effects for more than six months, and there had been no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Susie sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on June 17, 2024, agreeing that the case should be settled and compensation awarded. The court adopted the stipulation as its decision. Ms. Susie was awarded a lump sum of $34,110.06, representing compensation for all damages available under the Vaccine Act. This amount covers pain and suffering and other damages. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00786-0
Date issued/filed: 2024-07-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/18/2024 ) regarding 19 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00786-UNJ Document 25 Filed 07/22/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-786V
LESLIE SUSIE, Chief Special Master Corcoran
Petitioner, Filed: June 18, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 31, 2023, Leslie Susie 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”), a Table injury, resulting from an influenza (“flu”) vaccine she
received on October 19, 2021. Pet., ECF No. 1. Petitioner further alleges that the vaccine
was administered in the United States, she experienced the residual effects of her
condition for more than six months, and there has been no prior award or settlement of a
civil action for damages on Petitioner’s behalf as a result of her condition. Id. Respondent
denies “that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused
[P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current
condition is a sequela of a vaccine-related injury.” Stipulation at 2, ECF No. 18.
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-00786-UNJ Document 25 Filed 07/22/24 Page 2 of 7
Nevertheless, on June 17, 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 $34,110.06 in the form of a check payable to Petitioner.
Stipulation at 2. 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-00786-UNJ Document 25 Filed 07/22/24 Page 3 of 7
Vinesign Document 10: 3780D6C5-987B-460A-A1 EE-2B27884BA519
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LESLIE SUSIE,
Petitioner, No. 23-786V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALT H AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Leslie Susie ("petitioner'), filed a petition for vaccine compensation under the
Nationa] 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 vaccine is contained in the Vaccine Injury Table (the
'1'able''), 42 C.F.R. § I00.3(a)
2. Petitioner received a flu vaccine on October 19, 2021.
3. The vaccine was administered within the United States.
4. Petitioner al1eges that she sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table. She further alJeges 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 on her behalf as a result of her alleged injury.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:23-vv-00786-UNJ Document 25 Filed 07/22/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shouJder injury, or any other injury; and denies that her
current condition is a sequela ofa 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 tenns 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 payment:
a. A lump sum of$34,J 10.06 in the fonn ofa check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa•l5(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has tiled 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
under42 U.S.C. § 300aa-1S(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 oft he Social Security Act (42 U.S.C.
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Case 1:23-vv-00786-UNJ Document 25 Filed 07/22/24 Page 5 of 7
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
l 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-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 attorney's fees and litigation costs, and past unreirnbursable 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-15(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 vaccination administered on October 19, 2021, as
alleged in a petition for vaccine compensation filed on May 31, 2023, in the United States Court
of Federal Claims as petition No. 23-786V.
l4. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
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Case 1:23-vv-00786-UNJ Document 25 Filed 07/22/24 Page 6 of 7
upon proper notice to the Court on behalf ofe ither or both of the parties.
15. If the Chief Special Master fails to issue a decision in complete confonnity with the
tenns of this Stipulation or ff the Court of Federal Claims fails to enter judgment in confonnity
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 l 986, 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 vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, 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
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Case 1:23-vv-00786-UNJ Document 25 Filed 07/22/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
LESLIE SUSIE
ATIORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
p ~
.... -4Jt~M\t..P ~
MAXIMILLIAN J. MULLER HEATHER L. PEARLMAN
MULLER BRAZIL Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Tel: (215) 885-1655 U.S. Department ofJustice
E-mail: max@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALffl RESPONDENT:
AND HUMAN SERVICES:
s
Jeffrey
Dlgltally signed by
• Jeffrey S. Beach -s
Beach _ _ ~ c l ~
5 :~:,~024.06.031s:02:33 fQL
CDR GEORGE REED GRIMES, MD, MPH ELEANOR A. HANSON
Director, Division oflnjury Trial 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 Hwnan Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A Tel: (202) 305-J 110
RockvilJe, MD 20857 E-mail: EJeanor.Hanson@usdoj.gov
J l l
Dated: l>r'lt 2o2 l.l
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