VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00900 Package ID: USCOURTS-cofc-1_23-vv-00900 Petitioner: Alisa Inahara Filed: 2023-06-14 Decided: 2025-04-01 Vaccine: Tdap Vaccination date: 2021-10-14 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: On June 14, 2023, Alisa Inahara filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on October 14, 2021. The Tdap vaccine is listed on the Vaccine Injury Table. Petitioner alleged that she suffered residual effects of the injury for more than six months. The respondent denied that Petitioner sustained a SIRVA or that the Tdap vaccine caused any injury or current condition. Despite these positions, the parties filed a joint stipulation on February 25, 2025, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Alisa Inahara a lump sum of $30,000.00 for all damages, to be paid through an ACH deposit to Petitioner's counsel's IOLTA account. This award represents a compromise of the parties' positions on liability and damages. The case proceeded as a Table claim. Petitioner was represented by Jessica Anne Olins of Maglio Christopher & Toale, PA, and Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice. The decision was issued on April 1, 2025. Theory of causation field: Petitioner Alisa Inahara received a Tdap vaccine on October 14, 2021, which is listed on the Vaccine Injury Table. Petitioner alleged a left shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied the alleged SIRVA and causation. The parties filed a joint stipulation on February 25, 2025, agreeing to settle the claim. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $30,000.00 for all damages. The stipulation stated that it was a compromise of the parties' positions on liability and damages and not an admission by the United States that the vaccine caused the alleged injury. The public decision does not describe the specific medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The case proceeded as a Table claim. Attorneys for Petitioner were Jessica Anne Olins and for Respondent was Jamica Marie Littles. The decision date was April 1, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00900-0 Date issued/filed: 2025-04-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/27/2025) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00900-UNJ Document 36 Filed 04/01/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0900V ALISA INAHARA, Chief Special Master Corcoran Petitioner, v. Filed: February 27, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica Anne Olins, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 14, 2023, Alisa Inahara 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 October 14, 2021, Petitioner received a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of the Tdap vaccination. Petitioner further alleges that she suffered the residual effects of the alleged injuryfor more than six months. Respondent denies that Petitioner sustained a SIRVA; and denies that the Tdap vaccine caused Petitioner any other injury or Petitioner’s current condition. 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-00900-UNJ Document 36 Filed 04/01/25 Page 2 of 7 Nevertheless, on February 25, 2025, 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 $30,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-00900-UNJ Document 36 Filed 04/01/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ALISA INAHARA, Petitioner, No. 23-900V Chief Special Master Corcoran v. ECF SECRET ARY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Alisa Inahara ("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 injuries allegedly related to petitioner's receipt of a tetanus, diphtheria, and aceHular-pertussis ("Tdap") vaccination, which is a vaccine that is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a Tdap vaccine on October 14, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a left shoulder injury related to vaccine administration ("SJRV A") as a result the Tdap vaccination. Petitioner further alleges that she suffered the residual effects of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury. Case 1:23-vv-00900-UNJ Document 36 Filed 04/01/25 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA; and denies that the Tdap vaccine caused petitioner any other injury or petitioner'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 payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $30,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLT A account for prompt disbursement to petitioner. 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-2 l(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 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-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 (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. 2 Case 1:23-vv-00900-UNJ Document 36 Filed 04/01/25 Page 5 of 7 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-1 S(i), subject to the availability ofs ufficient 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 wilJ 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* 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 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 14, 2021, as alleged in a petition for vaccine compensation filed on or about June 14, 2023, in the United States Court of Federal Claims as petition No. 23-900V. 14. If petitioner should die prior to entry of judgment, 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-00900-UNJ Document 36 Filed 04/01/25 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity 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 injmy 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 Tdap vaccine caused petitioner's alleged injury or any other injury or petitioner's 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 4 Case 1:23-vv-00900-UNJ Document 36 Filed 04/01/25 Page 7 of 7 RespectfulJy submitted, PETITIONER: .,..,..,..u,.,.] Alisa lnahara ..... "". "'' ALISA INAHARA ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: t!/?iif:J7 -Hf A~~L)tA~ Deputy Director mctlaw Torts Branch 1325 4th Avenue, Suite 1730 Civil Division Seattle, WA 98101 U.S. Department of Justice Tel: (888) 952-5242 P.O. Box 146 Fax: (941) 952-5042 Benjamin Franklin Station Email: joJins@mctlaw.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey $. I Digitally signed by -s ,/ _Jeffrey S. Beach ·S Beach _Oate:2025.02.20 .os·oo for 11:20:19 CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs 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 Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 305-4014 Rockville, MD 20857 Email: jamica.m.littles@usdoj.gov _ i --+~-/5-__/,,_ i_ __' _o Dated: 5