In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1358V
MARIE TULLY, Chief Special Master Corcoran
Petitioner, Filed: July 3, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1
On May 14, 2021, Marie Tully 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”) following an influenza vaccination she received on September 21, 2020. Petition at 1; Stipulation, filed at July 2, 2024, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual effects of her SIRVA for more than six months. Stipulation at ¶ 4. “Respondent denies that Petitioner suffered a Table SIRVA injury; denies that the flu vaccine caused Petitioner’s alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine caused Petitioner’s current condition or disabilities.” Stipulation at ¶ 6.
Nevertheless, on July 2, 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.
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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation:
A lump sum of $60,000.00 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
MARIE TULLY,
Petitioner, No. 21-1358V Chief Special Master Corcoran V. ECF
SECRETARY OF HEALTH AND HUMAN SERV1CES,
STIPULATION
The parties hereby stipulate to the following matters:
l. Marie Tully (..petitioner'') filed a petition for vaccine compensation under the National
Vaccine lnjwy Compensation Program, 42 U.S.C. § 300aa~l0 to 34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza ('1flu") vaccine, which is a vaccine that is contained in the Vaccine Injury Table (the
"Table"). 42 C.F.R. § l00.3(a)
2. Petitioner received a flu vaccine on September 21, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table. or alternatively that her
injury was caused by the flu vaccine. Petitioner further alleges that she suffered the residual
effects of the alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages oo her behalf as a result of the alleged injwy. 6. Respondent denies that petitioner suffered a Table SIRVA injmy; denies that the flu
vaccine caused petitioner's aJleged SIRVA or any other injuries or conditions; and denies that
the flu vaccine caused petitioner's cutrent condition or disabilities.
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 bas filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary ofHealthand Human Services will issue
the following vaccine compensation payment for all damages that woutd be available under 42
U.S.C. § 300aa-15(a):
A lump swn of $60,000.00 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-1S(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner bas filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), 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 petitioner's 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 ~an
reasonably be expected to be made under any State compensation programs, insurance policies.
2 Federal 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. § 300a
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1358V
MARIE TULLY, Chief Special Master Corcoran
Petitioner, Filed: July 3, 2024 v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1
On May 14, 2021, Marie Tully 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”) following an influenza vaccination she received on September 21, 2020. Petition at 1; Stipulation, filed at July 2, 2024, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual effects of her SIRVA for more than six months. Stipulation at ¶ 4. “Respondent denies that Petitioner suffered a Table SIRVA injury; denies that the flu vaccine caused Petitioner’s alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine caused Petitioner’s current condition or disabilities.” Stipulation at ¶ 6.
Nevertheless, on July 2, 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.
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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation:
A lump sum of $60,000.00 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
MARIE TULLY,
Petitioner, No. 21-1358V Chief Special Master Corcoran V. ECF
SECRETARY OF HEALTH AND HUMAN SERV1CES,
STIPULATION
The parties hereby stipulate to the following matters:
l. Marie Tully (..petitioner'') filed a petition for vaccine compensation under the National
Vaccine lnjwy Compensation Program, 42 U.S.C. § 300aa~l0 to 34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza ('1flu") vaccine, which is a vaccine that is contained in the Vaccine Injury Table (the
"Table"). 42 C.F.R. § l00.3(a)
2. Petitioner received a flu vaccine on September 21, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table. or alternatively that her
injury was caused by the flu vaccine. Petitioner further alleges that she suffered the residual
effects of the alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages oo her behalf as a result of the alleged injwy. 6. Respondent denies that petitioner suffered a Table SIRVA injmy; denies that the flu
vaccine caused petitioner's aJleged SIRVA or any other injuries or conditions; and denies that
the flu vaccine caused petitioner's cutrent condition or disabilities.
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 bas filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary ofHealthand Human Services will issue
the following vaccine compensation payment for all damages that woutd be available under 42
U.S.C. § 300aa-15(a):
A lump swn of $60,000.00 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-1S(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner bas filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), 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 petitioner's 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 ~an
reasonably be expected to be made under any State compensation programs, insurance policies.
2 Federal 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--15(i), subject
to the availability of sufficient statutory funds.
l 2. The parties and their attorneys further agree and stipulate that. except for any award
for attorney's fees and litigation costs, and past unreimbursed 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-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual 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 Hwnan Services from any and al) 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 persona) injuries to or death of petitioner resulting
from. or alleged to have resulted from, the flu vaccination administered on September 21, 2020.
as alleged in a pelition for vaccine compensation filed on or about May 14, 2021, in the United
States Court of Federal Claims as petition No. 2l-1358V.
3 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the !>l)Ccial 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 confonnity with the terms 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 of the parties• respective positions as to liability and/or
amount of damages, 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 as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner herewider shall apply equally to petitioner's
heirs, executors, aruninistrators, successors, and/or assigns.
END OF STIPULATION
4 Respectfully submitted,
PETITIONER:
ATIORNEYOFRECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ~ d- (>~ (~
~ ~ ~ 6 {3.&l; od-u- ~ / - - HEATHER L. PEARLMAN Attomeyfrletitio.: LEAHV. Deputy Director Law Offices of Leah V. Durant, PLLC Torts Branch 1717 K Street, NW, Suite 900 Civil Division Washington, DC 20006 U.S. Department of Justice Tel: (202) 775-9200 P.O.Box 146 Fax: (202) 652-1178 Benjamin Franklin Station ldurant@durantllc.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTRESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s. Dlgltally signed by
~ Jeffi'ey s. Beach -s Beach -S Date: 2024.06.03 for 1s:24:46-o-mr CDR GEORGE REED GRIMES, MD, MPH Jb ~ Director, Division of Injury Trial Attorney Compensation 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 Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 305-4014 Rockville. MD 20857 Email: jamica.m.littles@usdoj.gov
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