Wall v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-200V

KENNEDY WALL, Chief Special Master Corcoran

Petitioner, Filed: May 7, 2026 v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On February 3, 2025, Kennedy Wall 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 receiving a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on May 8, 2024. Petition at 1; Stipulation, filed at May 4, 2026, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she sustained an injury within the time period set forth in the Vaccine Injury Table, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 3-4; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA Table injury; and further denies that the Tdap vaccine caused or significantly aggravated any other injury, or Petitioner’s current condition. 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 May 4, 2026, the parties filed the attached joint stipulation stating that a decision should be entered awarding compensation. 3 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 $45,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 Dropbox Sign signature page located at page 6 is omitted from the attached copy of the stipulation.

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 3Jn tbe Wniteb $)tates Qtourt of jfeberal Qtlaims OFFICE OF SPECIAL MASTERS

KENNEDY WALL,

Petiti oner, Case No. 25-200V (ECF) V. CH IEF SPECIAL Mt\STER CORCORA SEC RETA RY OF HEALTH AND HUMAN SERVIC ES ,

STIPULATION

The parties hereby stipulate to the following matters:

1. Kennedy Wall , petitioner, filed a petition fo r vacc ine compensation und er the

National Vacc ine Injury Compensation Program, 42 U.S.C. §§ 300aa- 10 to -34 (the ··vacc in e

Program"). The pet ition seeks compensation fo r injuri es alleged ly related to petitioner's receipt

of a tetanus, diphtheria, and acellular pertussis (''Tdap"') vacc ine. whi ch is a vaccine contained in

the Vaccine Injury Table (the "Table'"), 42 C.F.R. § 100.3(a).

2. Petiti oner received the Tdap vaccine on May 8, 2024.

3. The vaccination was administered within the United States.

4. Petiti oner alleges that she susta ined a right shoulder injury related to vacc ine

ad mini strat ion ("SlRVA") within the Table time period after rece iving the Tdap vacci ne, and

all eges that she experienced 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 civ il

act ion for damages on her behalf as a result of her all eged injuri es.

Doc ID: bc602bfa121 b7a8c7a5461e3273c64bfcf204039 6. Respondent denies that petitioner sustained a Table SIRVA, and further denies

that the Tdap vaccine caused or significantly aggravated any other injury, or petitioner's current

condition.

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 filed an election to receive

compensation pursuant to 42 U.S.C. § 300aa-2 I (a)(I ), the Secretary of Health and Human

Services will issue the following vaccine compensation payment:

A lump sum of $45,000.00 to be paid through an ACH deposit to petitioner' s counsel's IOL TA account for prompt disbursement to petitioner.

This amount represents 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 in this case, and after petitioner

has filed both a proper and timely election to receive compensation pursuant to

42 U.S.C. § 300aa-2l(a)(I), and an application, the pa11ies will submit to fu11her proceedings

before the special master to award reasonable attorneys' fees and costs incurred in proceeding

upon this petition.

I 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

Doc ID bc602bfa121 b7a8c7a5461 e3273c64bfcf204039 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 of this Stipulation 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 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-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 her

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 Human Services from any and al I 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-l 0 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 Tdap vaccination administered on May 8, 2024, as

alleged by petitioner in a petition for vaccine compensation filed on or about February 3, 2025 ,

in the United States Court of Federal Claims as file No. 25-200V.

Doc ID: bc602bfa121b7a8c7a5461e3273c64bfcf204039 14. If petitioner should die prior to entry of judgment, this agreement shall be

voidable upon proper notice to the Cout1 on behalf of either or both of the parties.

15. If the special master fails to issue a decision in complete conformity with the

terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity

with a decision that is in complete conformity with the terms of this Stipulation , then the pa11ies '

settlement and this Stipulation shall be voidable at the sole discretion of either patty.

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 pa11ies ' 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 Tdap vaccine caused petitioner' s alleged right

shoulder injury or any other injury or her current condition , 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

Doc ID bc602bfa121 b7a8c7a5461e3273c64bfcf204039 Respectfully submitted,

PETITIONER:

KENNEDY WALL

ATTORNEY OF RECO FOR A UTHORIED REPRESENTATIVE PETITIONE • OF THE ATTORNEY GENERAL:

HEATHER L. PEARLMAN Zg eib Sayad, P.C. Deputy Director 75 South Broadway, 4th Floor Torts Branch, Civil Division White Plains, NY 10601 U.S. Depaitment of Justice j im@vaccinelawyers.com P.O. Box 146 (914) 729-1110 Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR OF THE SECRET ARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes - Digitally signed byGeorgeR. Grimes -516 S16 Date: 2026.04.27 10:48:41 -04'00'

CAPT GEORG E REED GRIMES, MD, MPH MARK K. HELLI E Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and P.O. Box 146 Services Administration Benjamin Franklin Station U.S. Depattment of Health and Washington, DC 20044-0146 Human Services mark.hellie@usdoj.gov 5600 Fishers Lane, 14W-18 (202) 616-4208 Rockville, MD 20857

Doc ID: bc602bfa121 b7a8c7a5461 e3273c64bfcf204039