Case Information
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 24-13V TERRY CRISTELL, Chief Special Master Corcoran Petitioner, Filed: April 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION [1]
On January 4, 2024, Terry Cristell 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 an influenza (“flu”) and pneumococcal conjugate (“PCV-20”) vaccines administered on August 24, 2022. Petition at 1; Stipulation, filed at April 16, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccines were administered within the United States, that she sustained an injury within the time period set forth in the Vaccine Injury Table, and that she experienced the residual effects of her condition for more than six months. Petition at 1, 3-4; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine and/or PCV-20 vaccine caused her alleged shoulder injury or any other injury or condition; and denies that her current condition is a sequelae of a vaccine-related injury Stipulation at ¶ 6.
Nevertheless, on April 16, 2025, the parties filed the attached joint stipulation, [3] 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 $5,000.00, 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
IN THE llNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TERRY CRlSTELL, Petitioner, No. 24-13\/ Chief Special Master Corcoran ECF
V. SECRETARY OF HEALTH AND HUMAN SERVICES.
Respondent.
STIPULATION
The parties hereby stipulate to the following matters: I. Terry Cristell ("petitioner") filed a petition for \'accine compensation under the
National Vaccine r njury Compensation Program, 42 U.S.C. § 300aa- IO to 34 (the "Vaccine Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") and pneumococcal conjugate ("PCV-20") vaccine-s, which vaccines are contained in the Vaccine Injury Table (the "Table"). 42 C.F.R. § 100.3(a)
" Petitioner received flu and PCV-20 vaccines on August 24, 2022. 3. The vaccines were administered within the United States. 4. Petitioner alleges that she sustained a shoulder injmy related to vaccine administration
("SIRVA'') within the time period set fo1th in the Table. She further alleges that she has experienced residual effects of her 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 on her behalf as a result of the alleged injury. Doc1D: 00a602a7bee12845a45a72b065aecdfbbc9d1c68 6. Respondent denies that petitioner sustained a SIRVA Table injury: denies that the flu vaccine and/or PCV-20 vaccine caused her alleged shoulder injury or any other injury or condition: and denies that her current condition is a sequelae 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 enuy of judgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has tiled an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( 1). the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a):
A lump smn of $5,000.00 to be paid through an ACH deposit to petitioner's counsel's lOL TA 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 timely election to receiYe compensation pursuant to 42 U.S.C. § 300aa-2 l(a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys· fees and costs inctm-ed in proceeding upon this petition.
I 0. 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• l S(g). to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs. insurance policies.
2 Doc lO:00a602a7bee12845a45a72b065aecdfbbc9d1c68 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 . Payments made pursuant to paragraph 8 and any amounts awarded pursunnt to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. * 300aa-l 5( i), subject to the avai lability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award for attorney 's fees and litigation costs, and past umeimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 4~ U.S.C. § 300aa- I 5(a) and (d), and subject to the conditions of 42 U.S.C. * 300aa- I 5(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, does forever irrevocably and unconditionall y release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action ( including agreements, judgments, claims, damages, loss of services, expenses and al I 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 htjury Compensation Program, 42 U.S.C. ~ 300aa-10 et seq., on account of. or in any way growing out ot~ 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 flu and/or PCV-20 vaccinations admin istered on August 24, 2022. as alleged in a petition for vacc ine compensation filed on or about January 4, 2024, in the United States Comt of Federal Claims as petition No. 24- I 3V.
3 Doc ID: 00a602a7bee12845a45a72b065aecdfbbc9d1c68 I 4. 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. lf the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Com1 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 parties' settlement and this Stipulation shall be voidable at the sole discretion of either pa11y.
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 pai1 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 re,·ise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Sen·ices that the flu and/or PCV-20 vaccines caused petitioner's alleged inju1y or any other injmy or petitioner's current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs. executors. administrators, successors, and/or assigns.
END OF STIPULATION
4 Doc1D:00a602a7bee12845a45a72b065aecdfbbc9d1c68 Respectfolly submitted.
PETITIONER:
TERRY CRIS TELL
Al lTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
PETITIONER:
OF THE ATTORNEY GENERAL:
.J&~\t.f?-<.cuJ,.,wV\-
HEA THER L. PEARLMAN
Deputy Director
7 5 South Broadway, 4th Floor Torts Branch White Plains. New York 10601 Civil Division (914) 729-1110 U.S. Department of Justice Email: jim@vaccinelawyers.com P.O. Box 146
Benjamin Franklin Station Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE
ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH
RESPONDENT:
AND HUMAN SERVICES:
Digitally signed by Jeffrey Jeffrey S. S. Beach-S ?Y~ Date: 2025.04.01 13:44:27 Beach S ____ -___ -04•00· for
NEIL BHARGA VA
CAPT. GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney Compensation Programs Totts 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 Washington, DC ~0044-0146 and Human Services 5600 Fishers Lane, 08W-25A (:202) 305-3989 Rockville, MD 20857 Email: neil.bhargaYa@usdoj .go\· Dated: - - - - - - - - -
5 Doc1D:00a602a7bee12845a45a72b065aecdfbbc9d1c68
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] The docusign Certificate of Completion located at page six of the parties’ Stipulation has been 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