Case Information
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 24-0072V JENNY ARGUETA, Chief Special Master Corcoran Petitioner, v. Filed: May 19, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ramon Rodriguez, III, Siri & Glimstad, LLP, Richmond, VA, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION [1]
On January 18, 2024, Jenny Argueta filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. [2] (the “Vaccine Act”). On September 16 , 2022, Petitioner received an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a) . Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table . Petitioner further alleges that she experienced the residual effects of this condition for more than six months.
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged SIRVA, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.
Nevertheless, on May 19, 2025, 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 $19,500.00 , 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. [3]
IT IS SO ORDERED.
s/Brian H. Corcoran Brian H. Corcoran Chief Special Master
IN
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JENNY ARGUETA,
Petitioner, No. 24-0072V
V.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
ECF
HUMAN SER VICES,
Respondent.
STIPULATION
The parties hereby stipu1ate to the following matters: Jenny Argueta ("petitioner") filed a petition for vaccine compensation under the I.
National Vaccine Injury Compensation Program, 42 U.S.C. § J00aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). Petitioner received a flu vaccination on September 16, 2022. [1]
2. 3. The flu vaccine was administered within the United States. Petitioner alleges that she sustained a Table shoulder injury related to vaccine 4.
administration ("SIRVA") within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced the residual effects of this condition 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 condition. Respondent denies that petitioner'sustained a SIRVA Table injury; denies that the 6. flu vaccine caused petitioner•s alleged SIRVA. or any other injury; and denies that petitioner's current condition is a sequela 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 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 Health and Human Services will issue the following vaccine compensation payment:
A lump sum payment of$19,SO0.00 be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement 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 on entitlement in this case, and after petitioner has filed both a proper and time)y election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(aXI), 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. Petitioner and her attorney represent that compensation to be provided pursuant to
10. 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 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-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 attorneys' fees, and litigation costs, and past unreimbursable 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-1S(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 petitioner's heirs, executors, administrators, successors or assigns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and aJI 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 hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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 that may be alleged to have resulted from, the vaccinations administered on September 16, 2022, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about January 18, 2024, in the United States Court of Federal Claims as petition No. 24-0072~ and (b) waives any and all rights to any compensation that may be available under the Countenneasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on September 16, 2022, on its own or in combination with the flu vaccination administered on September 16, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about January 18, 2024, in the United States Court of Federal Claims as petition No. 24-0072V, including a shoulder injury, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP. [2] If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP.
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 terms 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 tenns 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 or any other vaccination caused petitioner• s alleged SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injwy 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
Respectfully submitted,
PETITIONER:
A'ITORNEYOFRECORD
AUTHORIZED REPRESENTATIVE
FORP
OF THE ATTORNEY GENERAL:
.l.f.l MIL:= • £« tiu,A ~ HEATHER L~~ MAN
RAM
Siri & Deputy Director 11 South 12th Street Torts B.-m:h Richmond, Virginia 23219 Civil Division 1T0driguez@sirillp.com U.S. Department of Justice
P.O.Box 146 Benjamin Franklin Station Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE
ATIORNEYOFRECORDFOR
OF THE SECRETARY OF HEALTH
RESPONDENT:
AND BUMAN SERVICES:
J ffi S Dlgltally signed~
e rey .
Jefl'reys.leech-s
~
t -0
Beach-5 ~~ foe CAPT GEORGE REED GRIMES, MD. MPH 7 :FIRIPP1S Director, Division oflnjwy
Trial Attorney Compensation Programs Torts Branch Health Systems Bureau CivH 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 S600 Fishers Lane, 08W-2SA (202) 305-3250 Rockville, MD 20857 irene.a.firippis@usdoj.gov Dated:
NOTES
[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).
[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
[1] On September 16, 2022, petitioner also received aCOVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § J00aa-14 and 42 C.F.R. § 100.J(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d. 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countenneasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020).
[2] After entry of judgment reflecting a decision consistent with the tenns of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of her CICP claim and waiver of any potential compensation under the CICP.