VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00015 Package ID: USCOURTS-cofc-1_24-vv-00015 Petitioner: A.L. Filed: 2024-01-04 Decided: 2025-08-15 Vaccine: diphtheria-tetanus-acellular pertussis (DTaP) Vaccination date: 2022-11-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: On January 4, 2024, Kadri Limani filed a petition as father and natural guardian of A.L., a minor. The petition alleged that A.L. suffered a shoulder injury related to vaccine administration after receiving a diphtheria-tetanus-acellular pertussis vaccination on November 22, 2022. The public decision identifies A.L. as a minor but does not state the child's exact age. Respondent denied that the DTaP vaccine caused A.L.'s alleged injury or current condition. The parties nevertheless filed a joint stipulation. The public stipulation does not describe the onset, treatment, imaging, or therapy history, but states that A.L. experienced residual effects for more than six months and that no civil action award or settlement had compensated the injury. On August 15, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation. The award funds an annuity contract for A.L.'s benefit at a cost of $20,000, with scheduled payments of $15,410.39 on April 20, 2036 and $15,480.12 on May 20, 2036, subject to adjustment so the annuity cost does not exceed $20,000. A.L. was represented by Bruce W. Slane. Theory of causation field: DTaP vaccine on November 22, 2022, minor exact age not stated, alleged SIRVA. COMPENSATED by joint stipulation filed by Kadri Limani as father and natural guardian. Respondent denied causation, but stipulated to annuity-funded compensation costing $20,000, providing $15,410.39 on April 20, 2036 and $15,480.12 on May 20, 2036, adjusted if necessary so annuity cost does not exceed $20,000. Chief Special Master Corcoran, August 15, 2025. Attorney: Bruce W. Slane. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00015-0 Date issued/filed: 2025-09-16 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 08/15/2025) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-15V (cid:38)(cid:50)(cid:53)(cid:53)(cid:40)(cid:38)(cid:55)(cid:40)(cid:39) KADRI LIMANI, as father and natural Chief Special Master Corcoran guardian of A.L., a minor, Filed: August 15, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bruce William Slane, The Law Office of Bruce W. Slane. P.C., White Plains, NY for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 4, 2024, Kadri Limani, as father and natural guardian of A.L., a minor, 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 A.L. suffered a shoulder injury related to vaccine administration caused by an diphtheria, tetanus, and pertussis vaccine administered on November 22, 2022. Petition at 1; Stipulation, filed at August 7, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that A.L. experienced the residual effects of this condition for more than six months, and that there has been no award or settlement of a civil action for damages on A.L.’s behalf as a result of this injury. Petition at 1, 7; Stipulation at ¶¶ 1-5. Respondent denies that the vaccine caused-in-fact A.L.’s alleged injuries, any other injury, or his current condition. 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 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 2 of 9 Nevertheless, on August 7, 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: An amount of $20,000.00 to purchase the annuity contract described in paragraph 10 of the attached stipulation. This amount represents compensation for all damages that would be available under Section 15(a). 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 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 3 of 9 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KADRI LIMANI, as father and natural guardian of J\.L., a minor, Petitioner, No. 24-1S V V. Chief Special Master Corcoran ECr SECRETARY OF HEALTH AND I IUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Kadri Limani ("petitioner"), on behalf of A.L., a minor child, filed a petition for * vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-l Oto -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to A.L. 's receipt of a diphtheria, tetanus, and pertussis ("DTaP") vaccination and/or administration thereof, which vaccine is contained in the Vaccine Injury Tahlc (the "Table"), 42 C.F.R. § I 00.3(a). 2. A.L. received the vaccination on November 22, 2022. 3. The vaccination was administered within the United States. 4. Petitioner alleges that J\.L. suffered from injuries including a Shoulder Injury Related to Vaccine Administration ("SIRVA") table injury pursuant to 42 C.F.R. § I 00.3 et seq. Petitioner also alleges that A.L. experienced the residual effects of this condition for ,nore than six months. Case 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 4 of 9 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on /\.L.'s behalf as a result of A.L.'s alleged injuries. 6. Respondent denies that the vaccine caused-in-fact A.L.'s alleged injuries, any other injury, or his current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between the111 shall be settled and that a decision should be entered awarding the co111pensa1ion described in paragraph 8 or this Stipulation. 8. /\s soon as practicable after an entry ofjudgmcnt 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-2 I (a)( I), the Secretary or Health and Human Services will issue the following vaccine compensation payment: An amount of $20,000.00 to purchase the annuity contract described in paragraph I 0 below, paid to the life insurance co111pany from which the annuity will be purchased (the "Life Insurance Con1pany"). This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-l 5(a). 9. The Lile Insurance Company must have a minimum or $250.000,000.00 capital and surplus, exclusive or any mandatory security valuation reserve. The Life Insurance Company must have one or the following ratings from two or the following rating organi7.ations: a. /\.M. Best Company: /\++, /\ +-, /\+g, /\+p, /\I r, or /\+s; b. Moody's Jnvestor Service Claims Paying Rating: Aa3, Aa2, Aa I, or Aaa; c. Standard and Poor's Corporation Insurer Claims-Paying /\bility Rating: /\A-,/\/\, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying /\bility Rating: Ai\-, A/\, A/\+, or /\/\/\. 2 Case 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 5 of 9 I 0. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company ror the benefit of /\.L .. pursuant to which the Lire Insurance Company will agree to make certain lump sum payments to /\.L. for all damages that would be available under 42 U.S.C. ~300aa-I5(a), as follows: a. A certain Lump SL1rn of $15.4 I 0.39 payable on April 20. 2036. b. A certain Lump Sum of $15.480.12 payable on May 20, 2036. The purchase price of the annuity described in this paragraph shall neither be greater than nor less than $20,000.00. In the event that the cost of the annuity set fotth above varies from $20,000.00, the certain lump sum payable on May 20, 2036. sh al I be adjusted to ensure that the total cost or the annuity is neither less nor greater than $20,000.00. The certain lump sum payments provided herein shal I be made to AL. as set forth above. Should A.L. predecease payment of any of.the certain lump sum payments set forth above, uny outstanding payments shall be made to his estate. I lowevcr. written notice to the Secretary of I lea Ith and I luman Services and the Li fc Insurance Company sh al I be provided within twenty (20) days of /\L's death. 11. The annuity contract will be owned solely and exclusively by the Secretary of I lea Ith and Human Services and will be purchased as soon us practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of' 1l ealth and I luman Services and the United States of America arc 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 or the ruturc annuity payments. Upon the purchase of the annuity contract, the Secretary or I lea Ith and I luman Services and the United States of America are released f'rom any and all obligations with respect to future annuity payments. 3 Case 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 6 of 9 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 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, cxcwtors. 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. 13. As soon as practicable after the entry of judgment 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)(I), and an application, the parties will submit to f'urther proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 14. Petitioner and his 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. f'cdcral or State health benefits programs (other than Title XIX ol'thc 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 amoL1nts awarded pursuant to paragraph 13 of this Stipulation wi1 1 be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject to the availability of sufl7cient statutory f'uncls. 4 Case 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 7 of 9 16. The parties and their attorneys rurther agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unrcimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of A.L. as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions or 42 U.S.C. § 300aa-15(g) and (h). 17. Petitioner represents that he presently is. or if necessary will become, duly authorized to serve as guardian of /\.L.'s estate under the laws of the State of Nevada. 18. In return for the payments described in paragraphs 8 and 13, petitioner, in his individual capacity and as legal representative of /\.L., on behalf of himself, A.L., and his heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release. acquit and discharge the United States and the Secretary of I lea Ith and I luman Services from any and all actions or causes of action (including agreements,juclgments, claims, damages, loss of services, expenses and all demands or 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 ct seq., on account of~ or in any way growing out of, any and al I known or unknown, suspected or unsuspected personal injuries to or death of /\.L. resulting from, or alleged to have resulted from, the vaccination administered on November 22, 2022. as alleged in a petition for vaccine compensation filed on or about January 4, 2024, in the United States Court of Federal Claims as petition No. 24-15 V. 19. If /\.L. should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf" or 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 lo enter judgment in conformity with a 5 Case 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 8 of 9 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. 21. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Chi Id hood 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 rcllect 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 lnjL1ry Compensation Program System of Records, No. 09-15-0056. 23. This Stipulation shall not be constrned as an admission by the United States or the Secretary of I lcalth and Human Services that the vaccine caused-in-fact A.L's alleged injury, or any other injury or A.L.'s current condition, or that A.L. sufTercd 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 1:24-vv-00015-UNJ Document 32 Filed 09/16/25 Page 9 of 9 Hcspcc1!'11lh· /iUbmilted ' 1 P[•'.TlTrONl•:R: 1<., :-rn\ - 1 - L - I - · M · A , 1 r ,.\TTORNKY OF RECOR I) ftOR AllTIIORIED Rl~PRfl:S£NTATIVE PF:TITIONI<:R: 017 Tim AT'f'ORNF.Y (;1,:NF.RAL: ~~\i.,Q~ l31~tJCE W. SLANE HEATHER L. PEART.MAN The Lflw Office of J3nice W. Slane, P.C. Deputy Director 188 Enst Post Road, Suite 205 Torts Branch, Civil Division White Plains, New York 10601 U.S. Department of Justice Tel: (914) 269-2010 P.O. Box 146 Enrnil: brucc@slane-law.com Benjamin Frnnklin Station.com Wnshing1on. DC 20044-0146 A UTHORlZF.D REPRESENTATIVE ATTONr~Y OF RrtCORl) FOR OF THE Sl1:CRETARV OF HEALTH RESPONDENT: ANO J-ITJMAN SF:RVICF-S: Jeffrey 5. Dl9lt~llyslgricdbyMfrey s, Ocar.h ·S Beach _ 5 ~~~~~o,.s.01.2s 10:04:54 for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trinl Attorney Compensation Progrnms Tori:; Branch, Civil Division f Icallh Systems Bureau U.S. Department orJusticc Her1l1h Resources and P.O. 0ox 146 Servkcs Administration Denjamin Franklin Station U.S. Department ofHcr1lth and Washington, DC 2004(1-0146 Human Services Tel: (202) 61(> -4186 5600 Fi!.ihers Lane, 08W-25A Emnil: Emily.l lanson@uscloj.gov Rockville, MD 20857 7 l