VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00653 Package ID: USCOURTS-cofc-1_24-vv-00653 Petitioner: Vergie Tate Singleton Filed: 2024-04-24 Decided: 2025-04-28 Vaccine: influenza Vaccination date: 2022-10-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Vergie Tate Singleton filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on October 22, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Singleton sustained a SIRVA Table injury or that the flu vaccine caused her alleged condition. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Singleton a lump sum of $15,000.00 for all items of damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and damages. The case proceeded as a Table claim, and the stipulation was approved as the final decision on damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00653-0 Date issued/filed: 2025-04-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/26/2025) regarding 21 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00653-UNJ Document 28 Filed 04/28/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0653V VERGIE TATE SINGLETON, Chief Special Master Corcoran Petitioner, v. Filed: March 26, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 24, 2024, Vergie Tate Singleton 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 received an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on October 22, 2022.Petitioner alleges that Petitioner suffered a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that Petitioner suffered the residual effects of this condition for more than six months. 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 1:24-vv-00653-UNJ Document 28 Filed 04/28/25 Page 2 of 7 Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged SIRVA, or any other injury; and denies that Petitioner’s current condition is a sequelae of a vaccine-related injury. Nevertheless, on March 26, 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 $15,000.00, 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). 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-00653-UNJ Document 28 Filed 04/28/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS VERGIE TATE SlNGLETON, Petitioner, No. 24-653V Chief Special Master Corcoran ECF V. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l. Vergie Tate Singleton ("petitioner") 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 petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccine on October 22, 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered shoulder injury related to vaccine administration ("SIRVJ \") within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that petitioner 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 1:24-vv-00653-UNJ Document 28 Filed 04/28/25 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that petitioner's current condition is a scquclac 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-21( a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: i\. lump sum of $15,000.00 to be paid tlu·ough an ACII deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(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)(1), 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, 2 Case 1:24-vv-00653-UNJ Document 28 Filed 04/28/25 Page 5 of 7 Federal or State health benefits programs (o ther than Title 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. 11. The 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 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 unreimbursed 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-l 5(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, docs forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Ilealth and Iluman 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-l Oct 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 22, 2022, as alleged in a petition for vaccine compensation filed on or about April 24, 2024, in the United States Court of Federal Claims as petition No. 24-653V. 3 Case 1:24-vv-00653-UNJ Document 28 Filed 04/28/25 Page 6 of 7 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. 15. If the special master fails to issue a decision in complete conformity with the te1ms 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 patties' 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 injw·y 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 llealth and lluman Services that the flu vaccine caused petitioner's alleged SIRVA or any other injury 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, administrators, successors, and/or assigns. END OF STIPULATION I I I 4 Case 1:24-vv-00653-UNJ Document 28 Filed 04/28/25 Page 7 of 7 Respectfully submitted, PETITIONER: ,,(' cl;:; • ko4ffe ~ t)µ'O~ VERGIE TATE SINGLETON ATTORNEY OF RECORD FOR AUTiiORIZED REPRESENTATIVE PETITTO NER: OF THE ATTORNEY GENERAL: ~ o\HuA k.fe.,1 ).M./'-..., J44~ HEATHER L. PEARLMAN Howie Law, PC Deputy Director 2608 Hibernia Street Torts Brauch Dallas, TX 75204 Civil Division (214) 622-6340 U.S. Department of Justice jhowie@howielaw.net P.O. Box 146 Be1~a111in Franklin Station Washington. DC 20044-0146 AUTHORIZED REPRE$ENT AT JVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: • Jeffrey S, : Dlgltally signed by Jeffrey -S ' ,S.Bea<:h ·S ~ w .4------ _Be_ac_h ___ ,, ; D 0 a 4 t '0 e~ 0 2 ' 025.03.l810:40:39 f o r E~HANsoN CAPT GEORGE REED GRIMES, MD, MPH Director, Division ofI njmy Trial Attorney Compensation Programs Torts Branch Health Systems Btu·eau Civil Division Health Resources and Setvices U.S. Department of Justice Admiuistration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Se1vices Washington. DC 20044-0146 5600 Fishers Lane,08W-25A (202) 430-4802 Rockville, MD 20857 emily .hanson@usdoj.gov 5