In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-659V UNPUBLISHED
GLADYS WRIGHT, Chief Special Master Corcoran
Petitioner, Filed: April 30, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1
On May 3, 2019, Gladys Wright 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 her Pneumococcal Conjugate (“PCV13”) vaccination on May 6, 2016. Petition at 1; Stipulation, filed at April 27, 2021, ¶¶ 2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 1, 3-4, 16. “Respondent denies that petitioner sustained onset of a SIRVA Table injury within the Table timeframe and further denies that the PCV13 vaccine caused petitioner’s alleged right shoulder injury or any other injury.” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Nevertheless, on April 27, 2021, 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 $55,000.00 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 the 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 ]n tbe fflniteb ~tates ~ourt of jfeberal ~Iaims OFFICE OF SPECIAL MASTERS
GLADYS WRIGHT,
Petitioner, Case No. l 9-659V (ECF) V. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Gladys Wright, petitioner, filed a petition for vaccine compensation W1der
the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34(the
''Vaccine Program"). The petition seeks compensation for injuries allegedly related to
petitioner's receipt of the pnelDllOcoccal 13 (''PCV13") vaccine, which is a vaccine
contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the PCVl 3 vaccine on May 6, 2016.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a right shoulder injury related to
vaccine administration (''SIRVA") as a resuh of receiving the PCV13 vaccine, and
alleges 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
civil action for damages on her behalf as a result of her alleged injuries.
6. Respondent denies that petitioner sustained the onset of a SIRVA Table
injury within the Table time frame and further denies that the PCVl 3 vaccine caused
petitioner's alleged right shoulder injury or any other 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 descnbed in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment 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)(l), the Secretary of Heahh
and Human Services will issue the following vaccine compensation payment:
A lump sum of $55,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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-21 (a)(l ), 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 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
2 or can reasonably be expected to be made under any State compensation programs,
insurance policies, Federal or State heahh benefits program, (other than Title XIX of the
Social Security Act (42 U.S.C. § 1396
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-659V UNPUBLISHED
GLADYS WRIGHT, Chief Special Master Corcoran
Petitioner, Filed: April 30, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1
On May 3, 2019, Gladys Wright 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 her Pneumococcal Conjugate (“PCV13”) vaccination on May 6, 2016. Petition at 1; Stipulation, filed at April 27, 2021, ¶¶ 2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 1, 3-4, 16. “Respondent denies that petitioner sustained onset of a SIRVA Table injury within the Table timeframe and further denies that the PCV13 vaccine caused petitioner’s alleged right shoulder injury or any other injury.” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Nevertheless, on April 27, 2021, 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 $55,000.00 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 the 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 ]n tbe fflniteb ~tates ~ourt of jfeberal ~Iaims OFFICE OF SPECIAL MASTERS
GLADYS WRIGHT,
Petitioner, Case No. l 9-659V (ECF) V. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Gladys Wright, petitioner, filed a petition for vaccine compensation W1der
the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34(the
''Vaccine Program"). The petition seeks compensation for injuries allegedly related to
petitioner's receipt of the pnelDllOcoccal 13 (''PCV13") vaccine, which is a vaccine
contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the PCVl 3 vaccine on May 6, 2016.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a right shoulder injury related to
vaccine administration (''SIRVA") as a resuh of receiving the PCV13 vaccine, and
alleges 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
civil action for damages on her behalf as a result of her alleged injuries.
6. Respondent denies that petitioner sustained the onset of a SIRVA Table
injury within the Table time frame and further denies that the PCVl 3 vaccine caused
petitioner's alleged right shoulder injury or any other 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 descnbed in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment 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)(l), the Secretary of Heahh
and Human Services will issue the following vaccine compensation payment:
A lump sum of $55,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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-21 (a)(l ), 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 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
2 or can reasonably be expected to be made under any State compensation programs,
insurance policies, Federal or State heahh benefits program, (other than Title XIX of the
Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide heahh 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(0, subject to the availability of suffICient statutory fimds.
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-15(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 descnbed in paragraphs 8 and 9, petitioner, m
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 Heahh and Human Services from any and all 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 o( or in any way growing out o( any and all known or unknown, suspected or
unsuspected personal injuries to or death of petitioner resuhing from, or alleged to have
3 resuhed from, the PCVl 3 vaccination administered on May 6, 2016, as alleged by
petitioner in a petition for vaccine compensation filed on or about May 3, 2019, in the
United States Court of Federal CJaim; as petition No. 19-659V.
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 special master fails to issue a decision in complete conformity with
the teffilli of this Stipulation or if the Court of Federal Claims fails to enter judgment m
conformity with a decision that is in complete conformity with the teffilli 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 fi.nther agree and
understand that the award descnbed in this Stipulation may reflect a compromise of the
parties' respective positions as to liability and/or amount of damages, and fin1her, that a
change in the nature of the injury or condition or in the iteim 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 PCV vaccine caused petitioner's
alleged right shoulder injury or any other injury or her current condition.
4 18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5 Respectfully submitted,
PETITIONER:
S WRIGHT
ATTORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE
P{J:iNE : OF THE ATTORNEY GENERAL:
~~~?e ~ HEATHER L. PEARLMAN Counsel for Petitioner Acting Deputy Director Green & Schafle, LLC Torts Branch, Civil Division 2332 South Broad Street U.S. Depamrent of Justice Philadelphia, PA 19145 P.O. Box 146 dcamey@greenlegalteam.com Benjamin Franklin Station (215) 326-9256 Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR OF THE SECRETARY OF HEAL1H RESPONDENT: AND HUMAN SERVICES:
CA/JTz:;~ ~ , z:;tfs~,tf!~ TAMARA OVERBY MARK K. HELLIE Acting Director, Division oflnjury Trial Attorney Compensation Program; Torts Branch, Civil Division Healthcare System; Bureau U.S. Depamrent of Justice Health Resources and P.O. Box 146 Services Administration Benjamin Franklin Station U.S. Depamrent of Health and Washington, DC 20044-0146 Hwnan Services mark.hellie@usdoj.gov 5600 Fishers Lane (202) 616-4208 Rockville, MD 20857
Dated: 0j )zahp-z., /