$033&$5&%
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-125V
JULIA EDWARDS, Chief Special Master Corcoran
Petitioner, Filed: November 28, 2023 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 6, 2021, Julia Edwards filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that she suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received on October 30, 2018. Amended Petition at 1; Stipulation at ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, her symptoms lasted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for her vaccine-related injury. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a shoulder
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 Petitioner filed an Amended Petition on July 13, 2021. See ECF No. 10.
3 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). injury, or any other injury; and denies that her current condition is a sequelae of a vaccine- related injury.” Stipulation at ¶ 6.
Nevertheless, on November 28, 2023, 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 $12,500.00 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
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 Vinesign Document ID: 037C54A9-178B-4584-A101-3E2842A2422A
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
JULIA EDWARDS,
Petitioner, No. 21-12SV v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVJCES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Julia Edwards ("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 an injury allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the 'Vfable"), 42
C.F.R. § 100.3(a).
2. On October 30, 2018, petitioner received a flu vaccine.
3. The vaccine was administered in 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. She further alleges that
she experienced the residual effects ofthis condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of her alleged condition.
6. Respondent denies that petitioner sustained a shoulder injury as defined in the
Vaccine Injury Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any
l of5
The signed document can be validated at https://app.vinesign.comNerify other injury; and denies that her current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shaJJ be settled and that a decision should be entered awarding the
compensatjon described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l)t the Secretary ofHealth and Human Services will issue
vaccine compensation payment: a lump sum of $12,SOO.OO in the fonn of a check payable to
petitioner. This amowit represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(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-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.
I0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-1 S(g), including 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 entities that provide health services on a pre-paid basis.
11 . Payment made pursuant to paragraph 8 ofthis Stipulation, and any amount
awarded pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i),
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$033&$5&%
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-125V
JULIA EDWARDS, Chief Special Master Corcoran
Petitioner, Filed: November 28, 2023 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 6, 2021, Julia Edwards filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that she suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received on October 30, 2018. Amended Petition at 1; Stipulation at ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, her symptoms lasted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for her vaccine-related injury. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a shoulder
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 Petitioner filed an Amended Petition on July 13, 2021. See ECF No. 10.
3 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). injury, or any other injury; and denies that her current condition is a sequelae of a vaccine- related injury.” Stipulation at ¶ 6.
Nevertheless, on November 28, 2023, 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 $12,500.00 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
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 Vinesign Document ID: 037C54A9-178B-4584-A101-3E2842A2422A
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
JULIA EDWARDS,
Petitioner, No. 21-12SV v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVJCES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Julia Edwards ("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 an injury allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the 'Vfable"), 42
C.F.R. § 100.3(a).
2. On October 30, 2018, petitioner received a flu vaccine.
3. The vaccine was administered in 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. She further alleges that
she experienced the residual effects ofthis condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of her alleged condition.
6. Respondent denies that petitioner sustained a shoulder injury as defined in the
Vaccine Injury Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any
l of5
The signed document can be validated at https://app.vinesign.comNerify other injury; and denies that her current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shaJJ be settled and that a decision should be entered awarding the
compensatjon described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l)t the Secretary ofHealth and Human Services will issue
vaccine compensation payment: a lump sum of $12,SOO.OO in the fonn of a check payable to
petitioner. This amowit represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(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-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.
I0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-1 S(g), including 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 entities that provide health services on a pre-paid basis.
11 . Payment made pursuant to paragraph 8 ofthis Stipulation, and any amount
awarded pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any 2of5 award for attorneys' fees and litigation costs, and past unreimbwsed expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit of petitioner as
contempJated by a strict construction of 42 U.S.C. § 300aa-J5(a) and (d). and subject to the
conditions of 42 U.S.C. § 300aa-1S(g) and (h).
13. In return for the payments described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity, and on behalf of her heirs,
executors, administrators, successors, or assigns, 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 could be timely brought in the Court of Federal Claims, under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO et 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 aJleged to have resulted from the vaccine
administered on October 30, 2018, as alleged in a Petition filed on January 6, 2021, in the United
States Court of Federal Claims as petition No. 21-l25V.
J4. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable
upon proper notice to the Court on behalf ofeither or both ofthe parties.
15. If the special master fails to issue a decision in complete conformity with the terms
ofthis Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the tenns ofthis Stipulation, then
the parties' settlement and this Stipulation shaU be voidable at the sore discretion ofeither party.
l 6. 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 3of5 as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or 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 ofthe 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 ofcompensation 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 ofHealth and Human Services that the flu vaccine caused petitioner's alleged shoulder
injury, or any other injury or her current condition.
18. All rights and obligations of petitioner shall apply equally to petitioner's heirs,
executors, administrators, successors, and/or assigns.
END OF STIPULATION
4ofS Respectfully submitted,
PETITIONER:
JULIA EDWARDS
ATIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: . . ,J OF THE ATIORNEY GENERAL: Maxi'(Ylt I lian.. /Vl\lflU'-
r.11...&r,J µcc.vii~~ L Me ~~Q4!.M~ BRIOOET MCC LOUGH HEATHER L. PEARLMAN MULLER BRAZIL. LLP Deputy Director 715 Twining Rd, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice bridget@myvaccinelawyer.com P.O.Box 146 Benjamin Franklin Station Washington, OC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTB RESPONDENT: AND HUMAN SERVICES: Henry P. ~.:z:t• 11 •>'Hevf,. by Mcmillan -ss ~ll>u.au,"6:S4:19 CDR GEORGE REED GRIMES, MD, MPH JtitJAM. COLLISON Director, Division oflnjury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department ofJustice Administration P.O.Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, OC 20044-0146 5600 Fishers Lane, 08W-25A (202) 305-0102 Rockville, MD 20857 julia.collison@usdoj.gov
Dated: \ \ / )..% /4 { f I son Vlnealgn
~ Verification Complete : 11!.M,ly<,v .i, en l , W!. ..,.,i,:t;;., c l!•t.t,,lly ~c.11 t ...
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lleclplent 1 D'Add191 JullaEd-ds 174.229.139.244 Julaedwards04010gmall.com (321)!187-1267 ordul
Document History
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• 11/22J202317:40 UTC Julia Edwards Signed by Julia Edw«ds ((321) 987-1267) llldcdlllnllledl .,.,FPM28hXpcS2UuaHmr«T•Yp~b7tlllCU- Oocumait Completed
•• - HNII 6CDA:0221COJUJ07C3CAIICED11111f7CD24511-D600ACtf2 nm-. 11au.zo23 17·«1 UTC
• DocumMtVie-d t1122/202311:34 UTC Julia Edwards l/leWed by_.,.lla Edwards ((321)987-1267)
4 11/22/2023 fl-..33 UTC Julia Edw;irds Sant out wi. em.ill to Julla tdwards (jultaedwatds04010g,na•.coml
Document Sent
4 111.2212023 17:33 UTC Julia Edwards Sent out Illa te>« to )Jl/1 El/Wards ((321) 987-1267)
Document Sent
I 11122/2023 17'.33 UTC Created by Mu•er Brazll fmedlcalrecords4'm)'llilcclnel~.com)
Docufflfflt Created