VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00034 Package ID: USCOURTS-cofc-1_24-vv-00034 Petitioner: Grace Willis Filed: 2024-01-10 Decided: 2025-06-03 Vaccine: hepatitis B Vaccination date: 2023-03-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 13900 AI-assisted case summary: Grace Willis filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2024, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a hepatitis B vaccine on March 28, 2023. The respondent denied that Ms. Willis sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation on April 30, 2025, agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Willis a lump sum of $13,900.00 for all items of damages available under Section 15(a). This amount represents a compromise of the parties' respective positions on liability and damages. The case proceeded as a Table claim, as the hepatitis B vaccine is listed on the Vaccine Injury Table. The award is intended to compensate Ms. Willis for her alleged injury and its residual effects. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00034-0 Date issued/filed: 2025-06-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/30/2025) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00034-UNJ Document 41 Filed 06/03/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0034V GRACE WILLIS, Chief Special Master Corcoran Petitioner, v. Filed: April 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, New York, NY, for Petitioner. Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 10, 2024, Grace Willis 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 allegedthat she suffered a left shoulder injury related to vaccine administration (“SIRVA”) following her receipt of a hepatitis B (“hep B”) vaccine on March 28, 2023. Petition (ECF No. 1). The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters (“SPU”). 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 her current condition is a sequela of a vaccine-related injury. 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 (2012). Case 1:24-vv-00034-UNJ Document 41 Filed 06/03/25 Page 2 of 7 Nevertheless, on April 30, 2025, 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 $13,900.00, 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3In attaching the parties’ joint stipulation, I have omitted the last page – an Adobe Acrobat Sign form that includes personal information regarding Petitioner. 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 Case 1:24-vv-00034-UNJ Document 41 Filed 06/03/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GRACE WILLIS, Petitioner, V. No. 24-034V Chief Special Master Corcoran SECRETARY OF HEAL TH /\ND ECF I IUMAN SERVICES, Respondent. STIPULA TJON The parties hereby stipulate to the following matters: I. Grace W i 11 is ("petitioner"), liled a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). Thc petition seeks compensation for injuries allegedly related to pctitioncr's receipt or I lepatitis B vaccine, which vaccine is contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § I 00.3(a) 2. Petitioner received a Hepatitis B vaccine on March 28, 2023. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIR VA") within the time period set forth in the Table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. She further al lcges that she experienced the residual effects of this condition for more than six months. Case 1:24-vv-00034-UNJ Document 41 Filed 06/03/25 Page 4 of 7 5. Peli ti oner represents lhat there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injur~. 6. Respondent denies that petilioner sustained a SIRVA Table 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-slated positions, the parties nevertheless now agree that the issues between them sh al I be settled and that a decision shou Id be entered awarding the or compensation described in paragraph 8 this Stipulation. 8. /\s soon as practicable afier an entry ofjudgment 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: A lump sum of $13,900.00 to be paid through an J\CI I deposit to petitioner's counsel's IOLTJ\ account for prompt disbursement 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 thi::; case, and art.er petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U .S .C. § 300aa-2 I (a)( 1) , and an application, the parties wi 11 submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. 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-15(g), to the extent that payment has been made or can reasonably be 2 Case 1:24-vv-00034-UNJ Document 41 Filed 06/03/25 Page 5 of 7 expected to be made under any State compensation programs, insurance policies. Federal or State health benefits programs (other than Tille 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. I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 or this Stipulation will be made in accordance with 42 U.S.C. § 300aa-I 5(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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit or petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions or 42 U.S.C. § 300aa-I 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalfof her heirs, executors, administrators, successors or assigns, docs forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and I luman Services from any and all actions or causes or action (including agrccments,judgments, claims, damages, loss or services, expenses and all demands of whatever kind or nature) that have been broughl, could have been brought, or could be timely brought in the Court or Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I0 et seq., on account ot: or in any way growing out of, any and all known or unknown, suspected or unsuspccled personal injuries to or dcalh or petitioner resulting from, or alleged to have resulted from, the Hepatitis B vaccination adn1inislcred on March 28, 2023, as alleged in a petition for vaccine compensation filed on or about .January I 0, 2024 in the 3 Case 1:24-vv-00034-UNJ Document 41 Filed 06/03/25 Page 6 of 7 United States Court of Federal Claims as petition No. 24-034\/. 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. 15. If the special master fails to issue a decision in complete conformity with the terms or this Stipulation or irthe Court of Federal Claims rails 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 or 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 or 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 Stiptilation may rcncct a compromise of the parties' respective positions as to liability and/or amount of damages, and rurlher, that a change in the nature or the injury or concl it ion or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation :-;hall not be construed as an admission by the United States or the Secretary of I lea Ith and I luman Services that the I lepatitis B vaccine c,1uscd petitioner's al lcgcd 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 4 Case 1:24-vv-00034-UNJ Document 41 Filed 06/03/25 Page 7 of 7 Respectfully submitted, PETITIONER: ~ II~ , 28, 01 0