In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1859V
JUAN GONZALEZ, Chief Special Master Corcoran
Petitioner, Filed: December 28, 2023 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 15, 2021, Juan Gonzalez 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on November 9, 2020. Petition at 1, 3; Stipulation, filed on December 28, 2023, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action as a result of his condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a Shoulder Injury Related to Vaccine Administration (“SIRVA”) Table injury; denies that the vaccines caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” 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 December 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 $42,000.00 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 DocuSign Envelope ID: 2801B422-0252-4F7F-B5AD-7446EA4CCE17
IN THE UNITED STATES COU RT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
JUAN GONZALEZ,
Petitioner, No. 21 - 1859V Chief Special Master Corcoran V ECF
S~CRETARY OF TIEALTI I AND llUMAN SERVICES,
STIPULA TIO!\'
The parties hereby stipu late to the fol lowing matters:
1. Juan Gonzalez ("petitioner") fi led 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 ("'tlu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C. F.R. § I 00.3(a)
2. Petitioner received a tlu vaccine on November 9, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine adm in istration
("SIRVA") within the time period set forth in the Table, or in the alternative, that his alleged
shoulder injury was caused by the flu vaccine. Petitioner further alleges that he suffered the
residual effeds of the alleged injury for more than six months.
5. Petitioner represents that there has been no pri or award or settlement ofa civil action
for damages on petitioner's behalf as a result of the alleged injury. DocuSign Envelope ID: 2801B422-0252-4F7F-B5AD-7446EA4CCE17
6. Respondent denies that petitioner sustai ned a Shoulder Injury Related to Vaccine
Adm inistration ("SIRVA '') Table injury; deni es that the vaccines caused petitioner's alleged
shoulder injury, or any other injury; and denies that his CLIITent condition is a sequclae 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 judgrncnt reflecting a decision consistent with
the terms of thi s Stipu lation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l (a)( 1), the Secretary or Health and Human Services will issue
the foll owing vaccine compensation payment:
A lump stun of $42,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be avai lable under 42 U.S.C. § 300aa- 15(a).
9. As soon as practicahle after the entry of judgment on entitlement in this case, and after
petitioner has fil ed both a proper and timely election to receive compensation pursuant to 42
U.S.C. *300aa-2 I(a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable allorneys' fees and costs incurred in proceeding upon this
petition.
I0. Petitioner and petiti oner's attorney represent that compensation to be provided
pllrsuant to this Stipulation is not fo r any items or services for whi ch the Program is not
primarily liable under 42 U.S.C. § 300aa- I 5(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insmancc polid es,
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1859V
JUAN GONZALEZ, Chief Special Master Corcoran
Petitioner, Filed: December 28, 2023 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 15, 2021, Juan Gonzalez 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on November 9, 2020. Petition at 1, 3; Stipulation, filed on December 28, 2023, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action as a result of his condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a Shoulder Injury Related to Vaccine Administration (“SIRVA”) Table injury; denies that the vaccines caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” 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 December 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 $42,000.00 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 DocuSign Envelope ID: 2801B422-0252-4F7F-B5AD-7446EA4CCE17
IN THE UNITED STATES COU RT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
JUAN GONZALEZ,
Petitioner, No. 21 - 1859V Chief Special Master Corcoran V ECF
S~CRETARY OF TIEALTI I AND llUMAN SERVICES,
STIPULA TIO!\'
The parties hereby stipu late to the fol lowing matters:
1. Juan Gonzalez ("petitioner") fi led 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 ("'tlu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C. F.R. § I 00.3(a)
2. Petitioner received a tlu vaccine on November 9, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine adm in istration
("SIRVA") within the time period set forth in the Table, or in the alternative, that his alleged
shoulder injury was caused by the flu vaccine. Petitioner further alleges that he suffered the
residual effeds of the alleged injury for more than six months.
5. Petitioner represents that there has been no pri or award or settlement ofa civil action
for damages on petitioner's behalf as a result of the alleged injury. DocuSign Envelope ID: 2801B422-0252-4F7F-B5AD-7446EA4CCE17
6. Respondent denies that petitioner sustai ned a Shoulder Injury Related to Vaccine
Adm inistration ("SIRVA '') Table injury; deni es that the vaccines caused petitioner's alleged
shoulder injury, or any other injury; and denies that his CLIITent condition is a sequclae 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 judgrncnt reflecting a decision consistent with
the terms of thi s Stipu lation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l (a)( 1), the Secretary or Health and Human Services will issue
the foll owing vaccine compensation payment:
A lump stun of $42,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be avai lable under 42 U.S.C. § 300aa- 15(a).
9. As soon as practicahle after the entry of judgment on entitlement in this case, and after
petitioner has fil ed both a proper and timely election to receive compensation pursuant to 42
U.S.C. *300aa-2 I(a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable allorneys' fees and costs incurred in proceeding upon this
petition.
I0. Petitioner and petiti oner's attorney represent that compensation to be provided
pllrsuant to this Stipulation is not fo r any items or services for whi ch the Program is not
primarily liable under 42 U.S.C. § 300aa- I 5(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insmancc polid es,
2 DocuSign Envelope ID: 2801B422·0252-4F7F-B5AD-7446EA4CCE17
Federal or State health benefits progran,s (other than Title XTX of the Social Security Act (42
U.S.C. § 1396 et seq.)), m by entities that provide health services on a pre-paid basis.
l I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in act:ordancc with 42 U.S.C. § 300aa- I 5(i), subject
to the avai labi lity of suffic ient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's tees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation wi ll be used solely for the benefit of peti tioner as contemplated hy a
strict construction of 42 U.S.C. § 300aa- 15(a) and (
§ 300aa- l 5(g) and (h).
13. In rt:turn fo r the payments described in paragraphs 8 and 9, petitioner, in peti tioner's
individual capacity, and on behalf of petitioner's heirs, executors, adm inistrators, successors or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary ofl lea Ith and Iluman Serv ices from any and all actions or causes of
action ( including agreements, judgments, claims, damages, loss of services, expenses and al I
demands of whatever kind or nature) that have been brought, could have been brought, or eottld
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 our
of, any a11d all known or unk11own, suspected or unsuspected personal injuries to or death of
petitioner resulting from , or al leged to have resulted from , che tlu vaccination admini stered on
November 9, 2020, as alleged by petitioner in a petition for vaccine compensation fil ed on or
about Scptembcr 15, 202 \, in the United States Court of Federal Claims as petition No . 2 1-
l 859V.
3 DocuSign Envelope ID: 28016422-0252-4F7F-B5AD-7446EA4CCE 17
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on hehalf of either or hoth of the parties.
15. lf the special master fail s to issue a decision in complete conformity with the terms
of thi s Stipulation or if the Court of Federal Claims fail s to enter judgment in conformity with a
decision that is in complete conl'ormity with the terms or this Stipulation , then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. Th is Stipulation expresses a fu ll and complete negotiated settl ement of liabili ty and
damages claimed under the National Childhood Vaccir1e 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 makc any paymcnt 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 refl ect a compromise of the parties' respective positions as to liabil ity 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 I lcalth and I luman Services that the Au vaccine caused petitioner's alleged shoulder
injury or any other injury or petitioner's current disabilities, or that petitioner suffered an injury
contained in the Vaccine [njury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
hei rs, executors, administrators, successors, and/or ass igns.
END OF STIPULAT lO~
I I I I
4 DocuSlgn Envelope ID: 2801B422-0252-4F7F-B5AD-7446EA4CCE17
Respectfu lly submitted,
Pt:TrT fONER:
ATTORNEY OF RECO RD FOR AUTHORIZED REPRESENTATIVE PETITlONER: OF THE ATTORNEY GENERAL:
'A:'.Y ~ ~ r.~~ ANDREW 0 . DOWNING, E, I IEATIJER L. PEARLMAN DOWN ING, ALLISON & J RGENSON Deputy Di rector 3030 North Central Avenue, Suite 507 Torts Branch Phoenix, AZ 85012 Civil Division (480) 701 -0999 U.S. Department of Justice adowning@daj-law.com P.O. Box 146 Benjamin Franklin Station Washi ngton, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF TirE SECRETARY OF Ill::ALTII RESPONDENT: AND IIUMAN SERVICES: George R. Grimes - OigitallysignedbyGeorgeR, Grimes -Sl ~ $ 14 Date: 2023.12.11 19:43:14 •05'00'
CDR GEORGE REED GRIMES, MD. MPH ALEC SAXE Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civi l Division Health Resources and Services U.S. Department of Justi ce Administration P.O. Box 146 U.S. Department of I lea Ith Benjamin Franklin Station and Iluman Services Washington, DC 20044-0 146 5600 Fishers Lane, 08W-25A (202) 353-7722 Rockville, MD 208 57 alec.saxe@usdoj .gov