In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0663V UNPUBLISHED
DAVID HALL, Chief Special Master Corcoran
Petitioner, Filed: January 18, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 1, 2020, David Hall 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of a pneumococcal conjugate (“Prevnar-13”) vaccine received on May 31, 2017. Petition at 1; Stipulation, filed January 18, 2022, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, he experienced residual effects of his condition for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of his condition. Petition at ¶¶ 1, 18-19; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the Prevnar-13 vaccine caused petitioner’s alleged shoulder injury, any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). Nevertheless, on January 18, 2022, 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 $29,000.00 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 the 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.
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1N THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
DAVID HALL, ) ) Petitioner, ) ) v. ) No. 2o-663V ) Chief Special Muter Corcoran SECRETARY OF ) HEALnI AND HUMAN SERVICES. ) ) Respondent )
STIPULATION
The parties b.ereby stipulate to the following matters:
1. David Hall ("'petitioner") filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vac;;cine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
pneumococcal conjugate ("Prevnar-13") vaccination. which is a vaccine contain~ in the
Vaccine lnjury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a Prevnar• 13 vaccine on or about May 3J, 2017.
3. The vaccine wu administen,ci within the United States.
4. Petitioner alleses that he sustained a moulder injury rotated to vaccine administration
(C.SlRVA") within the time period set forth in the Table following administration of the PreVDal'- 13 vaccine, or in the alternative, that his alleged shoulder injury was caused-in--fact by the
vaccine. He further alleges that he experienced the residual effects ofthis condition for more
than six months.
5. l>etitioncr represents that there bu been no prior award or settlement of a civil action for damages as a. result of his condition. 01 /1 1/2022 2: 53PM FAX 82863 10 238 ea gle t ax bre aks i0 00 4/ 0006
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Prevuar-13 vaccine oauscd petitionerts alleged shoulder b:tjury, any other injury; and denies that
bis current condition is a sequelae of a vaccine--rclated injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a declaion should be entered awarding the
compensation descn'bed in ~aph 8 ofthis Stipulation.
8. AB soon as practicable after an entry ofjudgment reflecting a decision consistent with
the terms of this Stipulation. and after petitioner bas tiled an election to ~eive coD'lpensation
pursuant to 42 U.S.C. § 300u.-21(a)(l), the Secretary of Health and Human Service& will issue
the following vaccine compensation payment:
A lwnp SllDl of$29,00t.OO, in 1hc fonn of a chock payable to petitioner. This amount represents oompensation for all damages that would bo available under 42 U.S.C. § 300aa-1S(a).
9. At. soon as prac;ticabJe after the entzy ofjudgment on entitlement in this C85C, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(aX1 ), and an application, the parties will submit to further proceedings before
the special ma&ter to award reasonable attorneys' fees and costs incurred in proceeding upon tbia petition.
10. Petitioner and his attorney rtpresent 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~l5(g), including State compensation programs, insurance policiea,
Federal or State health benefits programs (other than Title XIX ofthe Social Security Act (42
U.S.C.
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0663V UNPUBLISHED
DAVID HALL, Chief Special Master Corcoran
Petitioner, Filed: January 18, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 1, 2020, David Hall 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of a pneumococcal conjugate (“Prevnar-13”) vaccine received on May 31, 2017. Petition at 1; Stipulation, filed January 18, 2022, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, he experienced residual effects of his condition for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of his condition. Petition at ¶¶ 1, 18-19; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the Prevnar-13 vaccine caused petitioner’s alleged shoulder injury, any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). Nevertheless, on January 18, 2022, 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 $29,000.00 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 the 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 01/11/2022 2 : 52PM FAX 8288310 238 eag le t ax breaks ~ 0003/0008
1N THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
DAVID HALL, ) ) Petitioner, ) ) v. ) No. 2o-663V ) Chief Special Muter Corcoran SECRETARY OF ) HEALnI AND HUMAN SERVICES. ) ) Respondent )
STIPULATION
The parties b.ereby stipulate to the following matters:
1. David Hall ("'petitioner") filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vac;;cine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
pneumococcal conjugate ("Prevnar-13") vaccination. which is a vaccine contain~ in the
Vaccine lnjury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a Prevnar• 13 vaccine on or about May 3J, 2017.
3. The vaccine wu administen,ci within the United States.
4. Petitioner alleses that he sustained a moulder injury rotated to vaccine administration
(C.SlRVA") within the time period set forth in the Table following administration of the PreVDal'- 13 vaccine, or in the alternative, that his alleged shoulder injury was caused-in--fact by the
vaccine. He further alleges that he experienced the residual effects ofthis condition for more
than six months.
5. l>etitioncr represents that there bu been no prior award or settlement of a civil action for damages as a. result of his condition. 01 /1 1/2022 2: 53PM FAX 82863 10 238 ea gle t ax bre aks i0 00 4/ 0006
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Prevuar-13 vaccine oauscd petitionerts alleged shoulder b:tjury, any other injury; and denies that
bis current condition is a sequelae of a vaccine--rclated injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a declaion should be entered awarding the
compensation descn'bed in ~aph 8 ofthis Stipulation.
8. AB soon as practicable after an entry ofjudgment reflecting a decision consistent with
the terms of this Stipulation. and after petitioner bas tiled an election to ~eive coD'lpensation
pursuant to 42 U.S.C. § 300u.-21(a)(l), the Secretary of Health and Human Service& will issue
the following vaccine compensation payment:
A lwnp SllDl of$29,00t.OO, in 1hc fonn of a chock payable to petitioner. This amount represents oompensation for all damages that would bo available under 42 U.S.C. § 300aa-1S(a).
9. At. soon as prac;ticabJe after the entzy ofjudgment on entitlement in this C85C, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(aX1 ), and an application, the parties will submit to further proceedings before
the special ma&ter to award reasonable attorneys' fees and costs incurred in proceeding upon tbia petition.
10. Petitioner and his attorney rtpresent 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~l5(g), including State compensation programs, insurance policiea,
Federal or State health benefits programs (other than Title XIX ofthe Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
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11. Payment made pursuant to paragraph 8 and any amounts a.warded pumiant to
paragraph 9 oftbis Stipuladon will be made in accordance with 42 U.S.C. § 300aa-1S(i), subject to the avail8bility of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that. except for any award
. for !Ut:Omeys' fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of42 U.S.C. § 300aa•15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, su«:essors or assigns,
does forever irrevocably and unconditionally releaae, acquit and discharge the United States and
the Sec~ of Health and Human Services from any and all actions or causes ofaction
(including agrmncnts, 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 Injwy Compensation
Program, 42 U.S.C. § 3QOaa.. 10 et seq., on account of, or in anyway 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 Prcvnar-13 vaceination admiuistered on or about May
31, 2017, as alleged by petitioner in a petition for vaccine compensation filed on or about June 1,
2020, in the United States Court of Federal Claims as petition No. 20-663V.
14. If petitioner should die prior to entry ofjudgment, dtis a,reement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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15. If the special master fails to issue a decision in complete confonnity with the tenns
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 tenns 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 ofliability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph !) 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 partiea further agree and t.m.derstand that the award described in this
Stipulation mayreflecta compromise of the parties' respective positions as t<> liability and/or
amount ofdamages, 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 u ao admission by the United State6 or the Secretary of Health and HWilan Services that the Prevnar~13 vaccine caused petitioner•s allcpd
shoulder injury, any other injury. or his cummt condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner•s
heirs, executors, adminimtors, successors, and/or assigns.
BND OF STIPULATION I I I I I I I
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Respectfu11y submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORlZED REPR.ESENTATlVB PETITIONER: OF THE ATTORNEY GENERAL:
~~cw.&1-£~ JO~ HEATHBR L. PEARLMAN Howie Law, P.C. Deputy Director 2608 Hibernia Street Torts Branch Dallas TX 75204 Civil Division (214) 622-6340 U.S.DepartmentofJustice {214) 622-6341 FP P.O. Box 146 jhowie@howlelaw.net Bettjamin Franklin Station Washington, DC 20044~0146
AUTiiORIZED REPRBSBNTATIVE ATTORNEY OF RECORD FOR OF THB SECRETARY OF HEALTH RESPONDBNT: AND HUMAN SERVICES:
\.-{_~ 1- kw(~ PILA~, ~~ 4/J&J,~~ ½ ~L-P~ TAMARA OVERBY MA'M'ilEW L. MURPHY Acting Director, Division of Injury Trial Attorney Compensation P.rogmns Torts Branch Healthcare Systems Burtau Civil Division Health Resources and Scrvioes U.S. Department ofJustice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station And Human Services Waahingtan, DC 20044-0146 5600 Fishers Lane, 08N146B (202) 616-4840 R.oclcville, MD 20857 Mattbew.Muq,hy@usdoj.gov
Dated: c 1{1, lun. s