In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1467V
ANTHONY CARTER, Chief Special Master Corcoran
Petitioner, Filed: June 11, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 7, 2022, Anthony Carter filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). He alleges that he suffered a left shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, and in the alternative caused-in-fact injuries, after receiving an influenza (“flu”) vaccine on November 5, 2021. Petition at 1, ¶¶ 4, 24-25; Stipulation, filed June 11, 2024, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccine within the United States, that he suffered the residual effects of the SIRVA for more than six months, and that neither he nor any other party has filed a civil action or received compensation for the SIRVA, alleged as vaccine caused. Petition at ¶¶ 4, 27-29; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table Injury; denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner 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). Nevertheless, on June 11, 2024, 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 $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.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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
ANTHONY CARTER,
Petitioner, No. 22-1467V (ECF) Chief Special Master Corcoran V. ECF
STIPULATION
The parties hereby stipulate to the following matters:
1. Anthony Carter ("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 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 November 5, 2021. 1
3. The vaccine was administered within the United States.
1 On November 23 , 2021 , petitioner also received the third dose of the Moderna COVID- 19 vaccine in his left arm. Vaccines against COVID- 19 are not contained in the Vaccine Injury Table. See 42 U.S .C. § 300aa- 14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S .C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). 4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine
Administration (" SIRVA") within the time period set forth in the Table, and that he experienced
residual effects of this 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.
6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that
petitioner' s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner any other injury or his 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 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-2 l(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 $25,000.00 in the fonn of a check payable 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 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-2l(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.
2 10. Petitioner and petitioner's attorney represent that compensation to be provided
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1467V
ANTHONY CARTER, Chief Special Master Corcoran
Petitioner, Filed: June 11, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Adam N. Muffett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 7, 2022, Anthony Carter filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). He alleges that he suffered a left shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, and in the alternative caused-in-fact injuries, after receiving an influenza (“flu”) vaccine on November 5, 2021. Petition at 1, ¶¶ 4, 24-25; Stipulation, filed June 11, 2024, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccine within the United States, that he suffered the residual effects of the SIRVA for more than six months, and that neither he nor any other party has filed a civil action or received compensation for the SIRVA, alleged as vaccine caused. Petition at ¶¶ 4, 27-29; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table Injury; denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner 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). Nevertheless, on June 11, 2024, 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 $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.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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
ANTHONY CARTER,
Petitioner, No. 22-1467V (ECF) Chief Special Master Corcoran V. ECF
STIPULATION
The parties hereby stipulate to the following matters:
1. Anthony Carter ("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 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 November 5, 2021. 1
3. The vaccine was administered within the United States.
1 On November 23 , 2021 , petitioner also received the third dose of the Moderna COVID- 19 vaccine in his left arm. Vaccines against COVID- 19 are not contained in the Vaccine Injury Table. See 42 U.S .C. § 300aa- 14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S .C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). 4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine
Administration (" SIRVA") within the time period set forth in the Table, and that he experienced
residual effects of this 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.
6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that
petitioner' s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner any other injury or his 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 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-2 l(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 $25,000.00 in the fonn of a check payable 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 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-2l(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.
2 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 XlX 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. 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- l 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 attorneys' 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, (a) 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
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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
3 petitioner resulting from, or that may be alleged to have resulted from, the vaccination
administered on November 5, 2021, and (ii) that petitioner has had, now has, or hereafter may
have with respect to the injury that gave rise to the petition for vaccine compensation filed on or
about October 7, 2022, in the United States Court of Federal Claims as petition No. 22-1467V;
and (b) waives any and all rights to any compensation that may be available under the
Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action
under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the
COVID-19 vaccination administered on November 23, 2021, on its own or in combination with
the flu vaccination administered on November 5, 2021, caused or seriously aggravated the
injuries that were the subject of the petition for vaccine compensation filed on or about October
7, 2022, in the United States Court of Federal Claims as petition No. 22-1467V, specifically a
shoulder injury, for which petitioner will receive compensation pursuant to this Stipulation. If
petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such
claim for compensation in the CICP.2 If no claim for compensation has been filed in the CICP
as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in
this paragraph for compensation in the CICP.
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 terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
2 Once incorporated into a decision by the court, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
4 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 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 admission by the United States or the
Secretary of Health and Human Services that the flu 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
I I I I I I
5 Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:
n , JJJ Mk v_p ~ HEATHER L. PEARLMAN Z eib Sayad, P.C. Deputy Director 75 South Broadway, 4th Floor Torts Branch White Plains, New York l 060 l Civil Division (914) 729-1134 U.S. Department of Justice j im@vaccinelawyers.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Digitally signed by Jeffrey S. Jeffrey S. Beach -S
~~ N . /VJ ~ Date: 2024 .05.28 Beach-8 15:20:10 -04'00' fQL CDR GEORGE REED GRIMES, MD, MPH ADMN.MUFFETT Director, Division oflnjury Trial Attorney Compensation Programs Torts Branch 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 (202) 616-2895 Rockville, MD 20857 adam.m uffett@usdoj.gov
Dated: __fo__,,/_ I ..__.,_ / ,/ 'Z CJ 2 L.j ---- Carter 22-1467 - Stipulation of Settlement Final Audit Report 2024-06-03
Created: 2024-06-03
By: Jimmy A. Zgheib, Esq. Uim@vaccinelawyers.com)
Status: Signed
Transaction ID: CBJCHBCAABMX5nEQJaGFs3vim9NtfYQi2h2ODMV-Clk
"Carter 22-1467 - Stipulation of Settlement" History ri Document created by Jimmy A. Zgheib, Esq. Uim@vaccinelawyers.com) 2024-06-03 - 12:52 :51 PM GMT
q Document emailed to Anthony Carter (karterac50@gmail.com) for signature 2024-06-03 - 12:52 :54 PM GMT
ri Email viewed by Anthony Carter (karterac50@gmail.com) 2024-06-03 - 3:54:33 PM GMT
Oe Document e-signed by Anthony Carter (karterac50@gmail.com) Signature Date: 2024-06-03 - 3:55:53 PM GMT - Time Source: server
0 Agreement completed . 2024-06-03 - 3:55:53 PM GMT
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