Reynolds v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1284V

CLARENCE REYNOLDS, Chief Special Master Corcoran

Petitioner, Filed: October 18, 2024 v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1

On April 26, 2021, Clarence Reynolds 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”) following an influenza vaccination he received on October 26, 2020. Petition at 1; Stipulation, filed at October 17, 2024, ¶¶ 2, 4. Petitioner further alleges he has suffered the residual effects of his injury for more than six months. Stipulation at ¶ 4. “Respondent denies that Petitioner suffered the onset of his alleged SIRVA within the Table timeframe; denies that the flu vaccine caused Petitioner’s alleged shoulder injury or any other injury and further denies that his current disabilities are 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 October 17, 2024, 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 $87,000.00 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

CLARENCE REYNOLDS ,

Petitioner, No. 21-1284V Chief Special Master Corcoran V. SPU

STIPULATION

The parties hereby stipulate to the following matters:

I. Petitioner, Clarence Reynolds, filed a petition for vaccine compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l O to 34 (the ·'Vaccine

Program'·). The petition seeks compensation for injuries allegedly related to petitioner's receipt

of the 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 or about October 26, 2020.

3. The vaccine was administered within the United States.

4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration

("SIRVA") as a consequence of the flu immunization he received on or about October 26, 2020,

and further alleges that he suffered the residual effects of this injury for more than six months.

5. 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 condition.

Page I of 5 6. Respondent denies that petitioner suffered the onset of his alleged SIRVA within the

Table timeframe; denies that the flu vaccine caused petitioner' s alleged shoulder injury or any

other injury and further denies that his current disabilities are a sequel a 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 judgment reflecting a decision consistent with

the terms of this Stipulation, and after petitioner has ti led 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 $87,000.00 in the form of a check payable to petitioner, representing compensation for all damages that would be available under 42 U.S.C. § 300aa- l 5(a).

9. As soon as practicable after the entry of judgment 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)( 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.

10. Petitioner and his attorney represent 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-l 5(g), including State compensation programs, insurance policies, Federal or State

health benefits programs (other than Title XIX of the Social Security Act (42 U.S .C. § 1396 et

seq.)), or entities that provide health services on a prepaid basis.

Page 2 of 5 I I. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded

pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-l 5(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, the money provided pursuant to this Stipulation will be used

sole ly for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-

l 5(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 his individual

capacity, and on behalfofhis heirs, executors, admin istrators, successors, and 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 (inc luding agreements,

judgments, cla im s, damages, loss of services, expenses and all demands of whatever kind or

nature) that have been brought, cou ld have been brought, or could be timely brought in the United

States Court of Federal Claims, under the National Vaccine Injury Compensation Program , 42

U.S.C. § 300aa-l0 et seq., on acco unt 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 or about October 26, 2020, as

alleged by petitioner in a petition for vaccine compensation filed on or about April 26, 202 I in the

United States Court of Federal Claims as petition No. 21-1284 V.

14. If petitioner shou ld die prior to entry of judgment, this agreement shall be voidable

upon proper notice to the Court on behalfof either or both of the parties.

15. If the special master fails to issue a decision in comp lete conformity with the terms of

this Stipulation or if the United States Court of Federa l Claims fai ls to enter judgment in

Page 3 of 5 conformity with a deci sion that is in complete co nformity with the term s of thi s Stipulati on, then

the parti es ' settlement and thi s Stipulati on shall be voidable at the so le di scretion of either party.

16. Thi s Stipulati on ex presses a full and complete negotiated settlement of liability and

damages claimed under the National Childhood Vacc ine Injury Act of 1986, as amended, except

as otherwise noted in paragraph 9 above. There is abso lutely no ag reement on the part of the

parties hereto to make any pay ment or do any act or thing other than is herein express ly stated and

clearly ag reed to. The parties furth er agree and understand that the award desc ribed in thi s

Stipulation may refl ect a comp romi se of the pa11ies ' respective positions as to liability and/or

amount of damages, and furth er, that a change in the nature of the injury or condition or in the

items of compensati on sought, is not gro unds to modi fy or rev ise thi s agreement.

17. Thi s Stipulati on shall not be construed as an admi ss ion by the United States or the

Sec retary of Health and Hum an Services that the flu vaccine caused petitioner" s alleged shoulder

injury or any other injury or any of hi s current di sabi liti es.

18 . All ri ghts and obli gations of petitioner hereunder shall apply equally to petiti oner' s

heirs, executors, admini strators, successors, and/or assigns.

END OF STIPULAT ION

Page 4 of 5 Respectfully subntitted,

PETmOI'lt"'ER:

~~ CLARENCEREDS

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:

LEAH V. & . r u . 1 . ~'<1 HEATHER L. PEARLMAN LAW OFFICES OF V. DURANT, PLLC Deputy Director 1717 K Street, NW Torts Branch Suite 900 Civil Division Washington, D.C. 20006 U. S. Department of Justice (202) 77 5-9200 P. 0 . Box 146 ldurant@durantllc.com Benjamin Franklin Station Washington, D.C . 20044-0146

AUTBORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR THE SECRETARY OF UEALTH AND RESPONDENT: HUMAN SERVICES: Jeffrey S. -5 =ti: 1 ~~ a ~fkA\S:u") ~

~ Beach _ _____ Dilt.e:2024.10.02 for oa:s1:17-04'00' CAPT GEORGE REED GRIMES, MD, MPH MAI~ ~o~ sfie Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S . Department of Justice Hea1th Resources and Services P .O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, D.C. 20044-0146 and Human Services Tel: (202) 305-0660 5600 Fishers Lane, 08W-2SA mal lori b,openchowslci@usdoj _gov Rockville, l\ID 20857

Dated: I o}1r/?Ak'-f

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