Case Information
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 23-1898V LIZA MCATEE-PAXTON, Chief Special Master Corcoran Petitioner, Filed: May 29, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION [1]
On October 27, 2023, Liza McAtee-Paxton 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”) vaccine administered on November 17, 2021. Petition at 1; Stipulation, filed at May 27, 2025, ¶¶ 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, 8-9; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequalae of a vaccine-related injury. Stipulation at ¶ 6.
Nevertheless, on May 27, 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 $34,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner . Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id . I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision. [3]
IT IS SO ORDERED.
s/Brian H. Corcoran Brian H. Corcoran Chief Special Master
IN
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LIZA MCA TEE-PAXTON, ) ) No. 23-1898V Petitioner, ) Chief Special Master Corcoran ) ) v. ) SECRETARY OF HEALTII AND ) HUMAN SERVICES, )
) Respondent. )
STIPULATION
The parties hereby stipulate to the following matters: 1. Petitioner, Liza McAtee-Paxton, filed a petition for vaccine compensation under the
National V accinc Injury Compensation Program, 42 U .S.C. § 300aa-10 to 34 (the "Vaccine Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a flu vaccine on or about November 17, 2021. 3. The vaccine was administered within the United States. 4. The petition-alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table. The petition further alleges that petitioner experienced the residual effects of this condition for more than six months.
S. Petitioner represents that there has been no prior award or settlement of a civil action for damage$ arising out of the alleged vaccine injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury 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 terms of this StipuJatioa, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:
A lump sum ofS34,500.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA 8"0Ullt for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-1 S(a). 9. As soon u pndicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both at proper and timely election to receive compensation pursuant to 42 U.S.C. § 3008$21(a)(1'). and an application, the parties will submit to further proceedings before the special mascer to award reasnoable attorneys' fees and costs incurred in any protWYling upon this. petition:
10. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipuhttion is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-lS(g). to the extent that payment has been made or can reasonably be cxpccted 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, and represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-1S(g).
1 J. 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-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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as oont.emplated by a strict oonstructionof 42 U.S.C. § 300aa--1S(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-1S(g) and (h).
13. In retmn for the payments desc:nl>Cd in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or assign,. clods forever irrevocably and UIICOIJditionally release, acquit and discharge the United States and the Secrefiay of Health and Human Services from any and all actions or causes of ICtion (includiog agteanc:n1s, judgm~ claims, damaaes, loss of services, expenses and all ~ of wbativcr·k:ind.or DllUl'e) tbat haw been brought, could have been brought, or could be timely brougbtill'tfr l!Jnitcd.States Co1Dt of Federal Claims, under the National Vaccine 42 U.S.C. § 300aa--10 et seq., on account of, or in any way Injury C-ompm,adoa. growing ~ut.of, my and all bwwn or unknown,. suspected or unsuspected personal injuries to or death of ~oner resulting thnn. or alleged to have resulted fro~ the flu vaccination administen:d oroNovember 17~ 2021, as alleged in a petition for vaccine compensation filed on or about.Octobet 27~ 2023, in the United States Court of Federal Claims as petition No. 23-
1898V.
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. 1 S. If the special master fails to issue a decision in complete conformity with the tenns of this Stipulation or if the United States Court of F edera1 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 party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injwy 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 tlring other than is herein expressly stated and clearly agreed toc The parties fmther agree and understand that the award described in this Stipulation may rdlcdac:ompn:mise-ofthe parties' respective positions as to liability and/or amount of danf'apsJ aidfurdier, that a change in the nature of the injury or condition or in the items of coln;eomkm sought, is not grounds to modify or revise this agreement
17. this Stip\Jla!iolrsballnot be construed as an admission by the United States or the ~ Sec:tetaa, ofHaddi 11114Rvman Servicqi that the vaccine caused petitioner's alleged injury or 8tiy other'uijuiy ortpditioncrs cmnm oondit:ion, or that petitioner suffered an injury contained in the vaccuic Injury r~
l8. :AIIri&D'1'1 c,hfigatinns of petitioner hereunder shall apply equally to petitioner's ~ '
heirs, ~ecutors, admioistntors, successors, and/or assigns.
END OF STIPULATION
Respectfully submitted, rElll'IONER: aJz£~
A'ITORNEYOFRECORDFOR
AUTIIORIZED REPRESENf A TIVE PE11TIONER: OF THE ATTORNEY GENERAL: ~~ MULLER 8.RAZll, -c::Ue6-Hu1~ , (Ac-....._ HE.A THER L. P
¾I
Deputy Director 715 Twining R~ ~uite 208 Torts Branch, Civil Division Dresher, PA 19025 U.S. Department of Justice 215-885-1655 P.O. Box 146 • Benjamin Franklin Station Washington, DC 20044-0146
AtJTIIOllJZEn.~ftvE
AITORNEYOFRECORDFOR
OF THE s.-CRETARY OPIIEALTB
RESPONDENT:
AND-RIJMAN.&VICES: J ffi £ Oigltallysfgnedb,;
e re~ ;). ~s. Beadl-s ,\each S oace: 2 oaos: 02 D -
13:52:20...,..-00' foi
CAPT GEORGE
REED.GRIMES, MD, MPH Director. Division of lqjmy
Trial Attorney C~on:Prognm» Torts Branch, Civil Division Jkaltb..Sy${DS ~ U.S. Department of Justice lfaldi.Resomccs an4'Semces
P.O. Box 146 Benjamin Franklin Station
~ U-.S~ ~ of Health and Washington, DC 20044-0146 Huutin:Setvfces
202-305-4035
S60lfFISlim Lant.,,08'W-2SA paris,a tabassian@usdoi.gov Rdi:kvi.lre; MD'20851
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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