In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-034V
MIGUEL PEREZ, Chief Special Master Corcoran
Petitioner, Filed: December 19, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 10, 2023, Miguel Perez 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”) after receiving an influenza (“flu”) vaccination on October 20, 2021. Petition at 1; Stipulation, filed at December 19, 2024, ¶¶ 2-4. Petitioner further alleges that he suffered the residual effects of this condition for more than six months, and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury. Stipulation at ¶¶ 4-5. “Respondent denies that petitioner sustained a Table injury for SIRVA, denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury, and denies that his current condition is a sequela of a vaccine-related injury ” Stipulation at ¶ 6.
Nevertheless, on December 19, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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). 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 $80,000.00 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 Vinesign Document ID: 6C3349DA-2478-41 B4-89A6-0CFBB05A78EA
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
) MIGUEL PEREZ, ) ) Petitioner, ) ) No. 23-34V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Miguel Perez ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa•l0 to 34 (the "Vaccine
Program'l The petition seeks compensation for injuries allegedly related to petitioner's receipt
ofan influenza ("flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a}.
2. Petitioner received a flu vaccine in his left deltoid on October 20, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
("SIRVA") from the flu vaccine. He further alleges that he experienced the residual effects of
this condition for more than six months.
S. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his alleged injury.
The signed document can be validated at https://app.vineslgn.comNerlfy 6. Respondent denies that petitioner sustained a Table injury for SIRVA, denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury, and denies that his
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 pamgraph 8 ofthis Stipulation.
8. As soon as practicable after an entry ofjudgment 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-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $80,000.00 in the fonn of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l5(a).
9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after
petitioner has tiled both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 l(a)(I ), 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.
J0. Petitioirer and his 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-1 S(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federat or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-034V
MIGUEL PEREZ, Chief Special Master Corcoran
Petitioner, Filed: December 19, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 10, 2023, Miguel Perez 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”) after receiving an influenza (“flu”) vaccination on October 20, 2021. Petition at 1; Stipulation, filed at December 19, 2024, ¶¶ 2-4. Petitioner further alleges that he suffered the residual effects of this condition for more than six months, and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury. Stipulation at ¶¶ 4-5. “Respondent denies that petitioner sustained a Table injury for SIRVA, denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury, and denies that his current condition is a sequela of a vaccine-related injury ” Stipulation at ¶ 6.
Nevertheless, on December 19, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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). 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 $80,000.00 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 Vinesign Document ID: 6C3349DA-2478-41 B4-89A6-0CFBB05A78EA
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
) MIGUEL PEREZ, ) ) Petitioner, ) ) No. 23-34V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Miguel Perez ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa•l0 to 34 (the "Vaccine
Program'l The petition seeks compensation for injuries allegedly related to petitioner's receipt
ofan influenza ("flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a}.
2. Petitioner received a flu vaccine in his left deltoid on October 20, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
("SIRVA") from the flu vaccine. He further alleges that he experienced the residual effects of
this condition for more than six months.
S. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his alleged injury.
The signed document can be validated at https://app.vineslgn.comNerlfy 6. Respondent denies that petitioner sustained a Table injury for SIRVA, denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury, and denies that his
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 pamgraph 8 ofthis Stipulation.
8. As soon as practicable after an entry ofjudgment 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-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $80,000.00 in the fonn of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l5(a).
9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after
petitioner has tiled both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 l(a)(I ), 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.
J0. Petitioirer and his 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-1 S(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federat or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis. 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-l5(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 attorney's 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• I5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalfof his 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 aJI 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 o( 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 October 20, 2021, as
identified in a petition for vaccine compensation tiled on or about January 10, 2023, in the
United States Court of Federal Claims as petition No. 23-34V.
14. If petitioner should die prior to entry ofjudgment, this agreement shaJI 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 confonnity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete confonnity 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 of liability and
damages claimed under the National Childhood Vaccine 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 make any payment 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 reflect a compromise ofthe parties' respective positions as to liability and/or
amount ofdamages, 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 of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
injury or any other injury or his current disabilities, or that petitioner suffered an injury contained
in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION Respectfully submitted,
PETITIONER:
MIGUEL PEREZ
ATfORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATI'ORNEY GENERAL:
~, d-JLAbl f'-e~ --- HEATIIBR L. PEARLMAN Muller Brazil Deputy Director 715 Twining R~ Suite 208 Torts Branch Drescher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice paul@mullerbmzil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey 5. Digltallyslgnedby Jdfre!y 5. Beach •S Beach -5 Date:2024.11.07 09.-22.-00--0S'OO' for CAPT GEORGE REED GRIMES, MD, MPH Director, Division oflnjury ri Attorney Compensation Programs rts Branch Health Systems Bureau Civil Division Health Resources and Services U. S. Department ofJustice Administration P.O. Box J46 U. S. Department of Health Benjamin Franklin Station and Humans Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 616-4264 Rockville, MD 20857 meghan.r.murphy@usdoj.gov
Dated: __, I 1.l--'- 11.....,...l__. t f_____ ) ' Vlnesfgn
~ Verification Complete ' I ' ' ' I
Doall'Nffl S&IICUS -, Signed & Vtrifled
Documerit Nam• Stlpulltlon • Ptrez Saftder N.tme Mulltr Dralll Ooalment K~ 6034!N>A-2..78•ll84-8!lA6-0CRl80SA78EA
lledflllnt1 Migue1Pe
Document History
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• Oocumenc Complete-cl 11~2024 1S:52 IJtC
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11/26/20241S:25UTC MlguelPtrtl Sent out 111i sms 10 Miguel Penz ((732) 7◄2·22041
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