VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01764 Package ID: USCOURTS-cofc-1_23-vv-01764 Petitioner: Christine Harold Filed: 2023-10-10 Decided: 2024-09-10 Vaccine: influenza Vaccination date: 2022-11-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Christine Harold filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 17, 2022, and that her symptoms persisted for more than six months. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that the petitioner's current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 8, 2024, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Pursuant to the stipulation, Christine Harold was awarded a lump sum of $25,000.00, payable by check to the petitioner. This amount is intended to compensate for all damages available under Section 15(a) of the Vaccine Act. The case was resolved through this stipulation, avoiding further litigation on the merits of entitlement or damages. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP. Respondent was represented by Parisa Tabassian of the U.S. Department of Justice. Theory of causation field: Petitioner Christine Harold received an influenza vaccination on November 17, 2022, and alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months. The respondent denied that the injury was a SIRVA Table injury or that the vaccine caused the condition. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $25,000.00 to the petitioner. The public decision does not describe the specific medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The theory of causation is based on a stipulation, not a finding on the merits. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Parisa Tabassian of the U.S. Department of Justice. The decision date was September 10, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01764-0 Date issued/filed: 2024-09-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/09/2024) regarding 21 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01764-UNJ Document 25 Filed 09/10/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1764V CHRISTINE HAROLD, Chief Special Master Corcoran Petitioner, Filed: August 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 10, 2023, Christine Harold 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”) following an influenza vaccination she received on November 17, 2022. Petition at 1; Stipulation, filed at August 8, 2024, ¶¶ 2, 4. Petitioner further alleges that her symptoms have continued for more than six months. Petition at ¶ 8; Stipulation at ¶ 4. “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.” Stipulation at ¶ 6. 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-01764-UNJ Document 25 Filed 09/10/24 Page 2 of 7 Nevertheless, on August 8, 2024, the parties filed the attached joint stipulation,3 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 $25,000.00 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The filed Stipulation included an electronic signature verification page which has been removed from the attached to protect the confidential information of the signers. 4 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 - ineslgn DocumentC IDas: e2 018:2935-6v8v6-0-0137E649--U49N3J2 - 9 CDFo8cu-3m4eEn1t4 2550 1 8 DFi3leAd 09/10/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHRISTINE HAROLD, ) ) Petitioner, ) No. 23-1764V ) Chief Special Master Corcoran v. ) ) SECRETA RY OF HEALTii AND ) HUMAN SERVICES, ) ) Respondent. ) STIPJJLATIQN The parties hereby stipulate to the following matters: 1. Petitioner, Christine Harold, 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 influenz.a ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Tablej, 42 C.F.R. § 100.3 (a). 2. Petitioner received the vaccine in her left arm on or about November 17, 2022. 3. The vaccine was administered within the United States. 4. The petition alleges a claim of a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that the alleged shoulder injury was caused by the vaccine. The petition further alleges that petitioner experienced the residual effects of this condition for more than six months. S. 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 he slgned document can be validated at https:1/app.vlneslgn.comNerify Case 1:23-vv-01764-UNJ Document 25 Filed 09/10/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury or any other injmy; 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 $25,000.00 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-15(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 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-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 2 Case 1:23-vv-01764-UNJ Document 25 Filed 09/10/24 Page 5 of 7 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis, and 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-1S(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-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 attorneys' fees and litigation costs, and past unreimbursable 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-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, cl~ damage~ 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 ftom, the flu vaccination administered on November 17, 2022, as alleged in a petition for vaccine compensation filed on or about October l 0, 2023, in the United States Court of Federal Claims as petition No. 23- 3 Case 1:23-vv-01764-UNJ Document 25 Filed 09/10/24 Page 6 of 7 1764V. 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 terms of this Stipulation or if the United States 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 amende~ 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 admiMion by the United States or the Secretary of Health and Human Services that the vaccine caused petitioner's alleged injury or any other injwy 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, admini~ors, su~rs, and/or assigns. END OF STIPULATION 4 Case 1:23-vv-01764-UNJ Document 25 Filed 09/10/24 Page 7 of 7 Respectfully submitted, PETITIONER: CHRISTINE HAROLD ATIORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~~ , ,&o\.u.,,"~P--<