Morgan v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-429 (not to be published)

************************* * * REBEKAH MORGAN, * * * Filed: July 15, 2020 Petitioner, * * v. * * Decision by Stipulation; Damages; * Influenza Vaccine; Shoulder Injury SECRETARY OF HEALTH AND * Related to Vaccine Administration HUMAN SERVICES, * (“SIRVA”). * * Respondent. * * ************************* *

Shealene P. Mancuso, Muller Brazil, LLP, Dresher, PA, for Petitioner. Linda S. Renzi, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On March 22, 2018, Rebekah Morgan (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of the influenza vaccination she received on January 20, 2016. See Stipulation ¶ 2, 4, dated July 15, 2020 (ECF No. 36); see also Petition.

Respondent denies “that [P]etitioner sustained a SIRVA Table injury; and denies that her

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. current condition is a sequelae of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed July 15, 2020 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:

a) A lump sum of $152.18, representing reimbursement of a Medicaid lien for services rendered on behalf of Petitioner, in the form of a check payable jointly to Petitioner and Health Plan of Nevada Claims Investigation and Recovery P.O. Box 15645 Las Vegas, Nevada 89114-5645 Member No. 13001176500

Petitioner agrees to endorse the check to Health Plan of Nevada.

b) A lump sum of $45,000.00 in the form of a check payable to Petitioner. This award represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a), including pain and suffering and past unreimbursed expenses.

Stipulation ¶¶ 8a, 8b.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3

IT IS SO ORDERED.

s/ Katherine E. Oler Katherine E. Oler Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.