Cook v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1864V
STELLA COOK, Chief Special Master Corcoran
Petitioner, Filed: March 1, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1
On December 19, 2022, Stella Cook 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 influenza and MMR vaccinations she received on February 8, 2021. Petition at 1; Stipulation, filed at February 29, 2024, ¶¶ 2, 4. Petitioner further alleges that her SIRVA symptoms have persisted for longer than six months. Petition at ¶ 13; Stipulation at ¶ 4. “Respondent denies that “Petitioner sustained a SIRVA Table injury; denies that the flu, MMR, or Hep B vaccines caused Petitioner’s alleged shoulder injury, and further denies that the flu, MMR, or Hep B vaccines caused Petitioner to suffer from any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on February 29, 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.
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).
Pursuant to the terms stated in the attached Stipulation, 3 I award the following compensation:
A lump sum of $40,000.00 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 To protect the privacy of the signers, final page of the filed Stipulation has been omitted from the attachment. 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.
Vinesign Document ID: 8FCB51D9-688D-42FC-BE0E-19FFA60FA64C
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
STELLA COOK,
No. 22-1864V
Petitioner, Chief Special Master Corcoran ECF
v.
SECRETARY OF HEALTH AND HUMAN SERVICES.
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Stella Cook, 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 influenza ("flu") vaccine and/or measles, mump~ and rubella ("MMR") vaccine, which are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the influenza vaccine, MMR vaccine, and hepatitis B vaccine on February 8, 2021.
3. The vaccines were administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the table, or in the alternative, that her alleged shoulder injury was caused in fact by the influenza and/or MMR vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months.
The signed document can be validated at https://app. vinesign.comNerify
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu MMR, or Hep B vaccines caused petitioner's alleged shoulder injury, and further denies that the flu, MMR, or Hep B vaccines caused petitioner to suffer from any other injury or her 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 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-2l(a)(I), the Secretary of Health and Human Services will issue the followin2 vaccine compensation payment:
A lump sum of $40,000.00 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 S(a).
9. As soon as practicable after the entry ofjudgment 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 proceeding upon this petition.
l 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-l 5(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 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-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 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-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
Free access — add to your briefcase to read the full text and ask questions with AI
Cook v. Secretary of Health and Human Services (Cook v. Secretary of Health and Human Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.