In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-0103V 

Filed: August 10, 2018 

UNPUBLISHED 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

DEVORA STAMM, * 

 * 

 Petitioner, * Special Processing Unit (SPU); 

v. * Damages Decision Granting Additional 

 * Award; Influenza (Flu) Vaccine; 

SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine 

AND HUMAN SERVICES, * Administration (SIRVA); RCFC 60(b)(6); 

 * Vaccine Rule 36 

 Respondent. * 

 * 

* * * * * * * * * * * * * * * * * * * * * * * * * * * * 

Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. 

Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for 

respondent. 

DECISION AWARDING ADDITIONAL DAMAGES1

Dorsey, Chief Special Master: 

 On August 7, 2018, petitioner filed a joint motion to amend (“Motion to Amend”) 

the judgment pursuant to RCFC 60. Because petitioner has demonstrated 

circumstances that justify relief under RCFC 60(b)(6), her motion for relief is granted 

and judgment is entered as set forth in this decision. 

I. Procedural History 

On January 23, 2017, Devora Stamm (“petitioner”) filed a petition for 

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 

§300aa-10, et seq., (the “Vaccine Act”). Petitioner alleged that she suffered a shoulder 

injury related to vaccine injury (“SIRVA”) as a result of an influenza (“flu”) vaccine she 

received on March 9, 2016. Petition at 1. On January 19, 2018, a decision was entered 

awarding compensation to petitioner based on respondent’s proffer. Judgment was 

entered on January 23, 2018. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends 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). 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, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access. 
2 

On August 7, 2018, petitioner filed a joint motion requesting relief from judgment 

by amending the judgment to account for a correction in the amount of a state Medicaid 

lien. In support of this motion, petitioner states that after judgment was entered in this 

case, petitioner’s counsel received a letter from New Jersey Medicaid that revised the 

amount of the Medicaid lien. The letter indicated that after its pro-rata reduction, the 

final lien amount was $27.94, instead of $56.70 that was originally quoted. The parties 

request the opportunity to account for this overpayment by refunding the additional 

funds to respondent. Petitioner represents that respondent has no objection to this 

motion. Therefore, petitioner’s motion is GRANTED for the reasons set forth below. 

II. Applicable Legal Standards 

Under Vaccine Rule 36, Appendix B, RCFC, a party may seek relief from 

judgment pursuant to the United States Court of Federal Claims, Rule 60. RCFC 

60(b)(1)-(6). Rule 60(b) provides an “exception to finality,’ that ‘allows a party to seek 

relief from a final judgment, and request reopening of his case, under a limited set of 

circumstances.’” Kennedy v. Sec’y of Health & Human Servs., 99 Fed. Cl. 535, 548 

(2011) (quoting Gonzalez v. Crosby, 545 U.S. 524, 529 (2005)). “The court has 

discretion regarding whether to grant relief under Rule 60(b), ‘and the court may weigh 

equitable considerations in the exercise of its discretion.’” Curtis v. United States, 61 

Fed. Cl. 511, 512 (Fed. Cl. 2004) (citing Dynacs. Eng’g Co. v. United States, 48 Fed. Cl. 

240, 241-42 (2000)). Rule 60(b) as a remedial provision is to be “liberally construed for 

the purpose of doing substantial justice,” Patton v. Sec’y of Health & Human Servs., 25 

F.3d 1021, 1030 (Fed. Cir. 1994). The court may grant relief from a final judgment on 

the following grounds: 

(1) mistake, inadvertence, surprise, or excusable neglect; 

(2) newly discovered evidence ..; 

(3) fraud ... misrepresentation, or misconduct by an opposing party; 

(4) the judgment is void; 

(5) the judgment has been satisfied, released, or discharged; it is based on an 

earlier judgment that has been reversed or vacated; or applying it 

prospectively is no longer equitable; 

(6) any other reason that justifies relief. 

RCFC 60(b). 

III. The Motion to Amend Judgment 

 

On August 7, 2018, petitioner filed a motion to amend the judgment after 

petitioner received information from New Jersey Medicaid indicating that after 

completing a pro-rata reduction of the Medicaid line, the final lien amount was $27.94, 

instead of the $56.70 that was previously quoted. Therefore, petitioner requests that 
3 

the undersigned issue a judgment/order allowing petitioner to issue a check in the 

amount of $28.76 to respondent. Respondent has no objection to this request. The 

catchall provision of Rule 60(b)(6) provides for relief from judgment upon “any other 

ground that justifies relief.” RCFC 60(b)(6). The undersigned grants petitioner’s motion 

and finds the grounds for this request are necessary to correct a clear error. 

IV. Conclusion 

The final Medicaid lien amount has been provided to petitioner and the judgment 

must be corrected to reflect the final lien amount. Therefore, the undersigned GRANTS

petitioner’s request and directs the Clerk of Court to issue judgment in favor of respondent 

to include the following information: 

A lump sum payment of $28.76 to reimburse respondent for an overpayment made 

to the State of New Jersey Medicaid to satisfy a Medicaid lien. The check should 

be made payable to: 

U.S. Department of Health and Human Services 

Memo: Devora Stamm, Case No. 17-0103 

The check should be sent to: 

Ms. Cheryl Lee 

Division of Vaccine Injury Compensation/HRSA 

5600 Fishers Lane, Mail Stop 08N194B 

Rockville, MD 20857 

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master