In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1680V
VANVETTE HEATH, Chief Special Master Corcoran
Petitioner, Filed: December 4, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 15, 2022, Vanvette Heath 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”) as a result of an influenza (“flu”) vaccine that was administered on February 12, 2020. Petition at 1; Stipulation, filed on December 2, 2024, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action as a result of her condition. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela 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 2, 2024, the parties filed the attached joint stipulation,3 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 $20,000.00 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 The final two pages of the Stipulation (an electronic verification form and cover sheet) have been omitted. 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 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
V ANVETTE HEATH,
Petitioner,
V. No. 22-1680V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES,
STIPULATION The parties hereby stipulate to the following matters:
l. On November 15, 2022, Vanvette Heath ("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. § I 00.3(a).
2. Petitioner received a flu vaccine on February 12, 2020.
3. The vaccine was 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. She further alleges that
she experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the ) vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequela 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 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)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $20,000.00 in the form of a check payable to petitioner. This amount represents compensation for aJI damages that would be available under 42 U.S.C. § 300aa-l 5(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-2 l(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-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 XIX of the Socia) Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pr~paid basis.
-2- 11.
Free access — add to your briefcase to read the full text and ask questions with AI
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1680V
VANVETTE HEATH, Chief Special Master Corcoran
Petitioner, Filed: December 4, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 15, 2022, Vanvette Heath 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”) as a result of an influenza (“flu”) vaccine that was administered on February 12, 2020. Petition at 1; Stipulation, filed on December 2, 2024, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action as a result of her condition. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela 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 2, 2024, the parties filed the attached joint stipulation,3 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 $20,000.00 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 The final two pages of the Stipulation (an electronic verification form and cover sheet) have been omitted. 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 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
V ANVETTE HEATH,
Petitioner,
V. No. 22-1680V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES,
STIPULATION The parties hereby stipulate to the following matters:
l. On November 15, 2022, Vanvette Heath ("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. § I 00.3(a).
2. Petitioner received a flu vaccine on February 12, 2020.
3. The vaccine was 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. She further alleges that
she experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on her behalf as a result of her alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the ) vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequela 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 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)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $20,000.00 in the form of a check payable to petitioner. This amount represents compensation for aJI damages that would be available under 42 U.S.C. § 300aa-l 5(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-2 l(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-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 XIX of the Socia) Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pr~paid basis.
-2- 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-15(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 unreimbursable 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-l 5(g) and {h}.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individua] 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-10 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 alleged to have resulted from, the flu·vaccination administered on February 12, 2020, as
alleged in a petition for vaccine compensation filed on or about November 15, 2022, in the
United States Court of Federal Claims as petition No. 22-1680V.
14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
-3- -Q°`L°LFf@r°x@L°Vfs°°hL°@°GLFhh~°h}°FzsLL°F~Zxg¯°©ha°`L
L°O°`h°7hs@h}°°hP°aL°%°Q°)LHL@s°%s@hy°Wfs°°L}L°mH]zL}°h~°F~Zyh¯°
©ha°@°HLFhh~°a@°h°h~°FzsLL°F~Zyh°©hd°aL°L°Q°ah°7i s@h~°aL~°cL°@hL°
LsLzL~°@}H°ah°7hs@h}°`@sr°EL°¦hH@BsL°@°`L°sL°GfFLh}°R°LhaL°@°
8ah°7h¡s@h}°L«LL°@°[ss°@~H°FzsLL°~L]h@LH°LsL{L~°S°sh@Chth®
@}H°H@y@]L°Fs@hxLG° ~HL°aL°2@h~@s°&bhsHdG°?@FFh~L°/}n °#F°Q° °@°@zL}HLG°
L«FL°@°aLªhL°~LH°h~°@A]@a° °@C¦L° 9aLL°h°@Bs¢Ls°}°@]LLzL~°~°aL°@°S°
aL°@jL°aLL°°x@qL°@}°@xL~°°°H°@}°@F°°ah~]°aL°a@~°h°aLLj~°L«Ls°
@LH°@~H°FsL@s®°@^LLH°° :`L°@hL°[aL°@]LL°@}H°~HL@~H°a@°aL°@©@G°HLFiCLH°j~°
ah°7hs@h~°x@°LXLF°@°FxxhL°S°aL°@hL°LLFh¦L°hh~°@°°sh@Chsh°@~K°
@x¥~°T°H@z@]L°@~H°[aL°d@°@°Fa@~]L°h~°aL°~@¡L°S°aL°h~o °°F~Hhh~°°h~°cL°
hLz°Q°F|L~@h~°¢]a°h°~°] ~I°°zHh\°°L¦hL°ah°@]LLzL~°
u° ° ;ah°7h¢v@h~°a@ss°~°BL°F~¤LH°@°@}°@Hzhh~°D°aL°=~hLH°7@L°°eL°
7LFL°S°+L@v`°@~H°, z@~°7L¨hFL°`@°Lff}L°@f}LG°@°7.6?$°<@CsL°f}p¢!°`@°cL°
Y°§@FFh}L°F@LH°@}°`L°h£"°°a@°`L°FL}°F}Hff}°h°@°L Ls@°Q°@°§@FFk}L Ms@LH°
#ss°l]a°@~H°Cvh]@h~°U°Lhh~L°aLL¡HL°a@ss°@s°N @ws°
Lhh~N°aLh°L¬LF °@Jzh~h °FFL °@~H°@h_°
(3'4*° 7<0>1#
PETITIONER:
VANVETTE HEATH
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:
~ ..-..,::a...... - .....Jdt~Y...P~ MARK.SADAK.A HEATHER L. PEARLMAN Sadaka Law Deputy Director 155 North Dean Street, 4th Floor Torts Branch Englewood, NJ, 07631 Civil Division (800) 8 I0-3457 U.S. Department of Justice 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 Jeffrey S. S. Beach -$ Date: 2024.1 1.05 09:56:16 Beach -5 -os·oo• for CAPT GEORGE REED GRIMES, MD, MPH n/LIANNAR. KOBER Director, Division of Injury Compensation Trial Attorney 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 and Human Services Benjamin Franklin Station 5600 Fishers Lane Washington, DC 20044-0146 Parklawn Building, 08W-25A (202) 742~6375 Rockville, MD 20857
Dated: t?../02, /zozJ