Twofoot v. Secretary of Health and Human Services
17-1866
| Fed. Cl. | Oct 22, 2019Background:
- Petitioner Tiffany Twofoot filed a Vaccine Act petition (No. 17-1866V) alleging a SIRVA (Shoulder Injury Related to Vaccine Administration) from an influenza vaccine administered on or about October 7, 2016; petition filed December 1, 2017.
- Petitioner alleged residual effects lasting more than six months; no prior award or settlement for the condition was reported.
- Respondent denied onset within the Table timeframe, denied that the flu vaccine caused the alleged SIRVA or any sequelae, and denied causation generally.
- Despite those denials, the parties executed a joint stipulation resolving the case and requesting entry of judgment awarding compensation.
- The special master adopted the stipulation and awarded petitioner a lump-sum payment of $152,935.11 representing all damages available under 42 U.S.C. § 300aa-15(a).
- The parties reserved attorney’s fees and costs for subsequent proceedings; petitioner agreed to release the United States and HHS in exchange for the award, and the stipulation explicitly disclaims any admission of vaccine causation by respondent.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation / Onset (Table timeframe) | Twofoot: SIRVA resulted from Oct. 7, 2016 flu shot; symptoms persisted >6 months | HHS: Denies onset within Table timeframe and denies vaccine causation or sequelae | Parties stipulated to settle despite dispute; special master approved settlement — not a factual finding for petitioner on causation |
| Damages amount | Twofoot: Seeks full relief under §300aa-15(a) | HHS: Agreed to resolution per stipulation | Lump-sum award of $152,935.11 paid to petitioner as full compensation for Program-available damages |
| Attorney's fees and costs | Twofoot: Will file application for reasonable fees/costs after judgment | HHS: Agreed to further proceedings on fees | Fees/costs reserved for subsequent proceedings before the special master |
| Final release and liability | Twofoot: Accepts release of Program claims in exchange for payment | HHS: Maintains no admission of liability | Stipulation included irrevocable release of the United States and HHS; settlement may be voidable if judgment is not entered per stipulation |
Key Cases Cited
- None — the decision adopts the parties' joint stipulation and does not cite any reported judicial opinions.