# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20 - 788 V UNPUBLISHED
PATRICIA PARKS , Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: December 28, 2021 Special Processing Unit (SPU); Joint Stipulation on Damages; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1 

### On June 29, 2020 , Patricia Pa rks 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” ) caused by a tetanus diphtheria acellular pertussis ( “ Tdap ” ) vaccine administered on January 6, 2018. Petition at 1 ; Stipulation, fil ed at December 21, 2021 , ¶¶ 1 , 2

. Petitioner further alleges that the vaccine was administered within the United States ; that she sustained a SIRVA as set forth in the Table or that her i njury wa s caused in fact b y the vaccine ; that she experienced the residual effects o f her condition for more than six months ; and that th ere has been no prior ward or settlement of a civil action for damages on her behalf as a result of her condition . Petit ion at6 ; Stipulation at ¶¶ 3-5

. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s allege shoulder injury , or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine
- related injury

. ” Stipulation at ¶ 6.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the D ecision 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 (2012 ).2 

### Nevertheless, on December 21, 2021 , 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. A lump sum of $ 50,000.00 in the form of a check payable to P etitioner ; and B. A lump sum of $1,523

. 67 3 

### representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Louisiana U nitedHealthcare Community Plan, in the form of a check payable jointly to Petitioner and Optum 4 

### , to be sent to Optum Attention: Melissa Calderon Group: Healthy Louisiana, #LABYHP File #: 57725780 L
- 3994 Columbus, OH 43260
- 3994 Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under Section 15 (a). Id

. I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 5 

### IT IS SO ORDERED.
s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

3 This amount represents full satisfaction of any right of subroga tion, assignment, claim, lien, or cause of action the State of Louisiana may have against any individual as a result of any Medicaid payments the State of Louisiana has made to or on behalf of petitioner as a result of petitioner's alleged injury relating to a vaccine administered on January 6, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa
- 15(g), (h).
4 Petitioner agrees to endorse this check to Optum.
5 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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
PATRICIA PARKS, Petitioner, No. 20-788V (ECF) V. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Patricia Parks, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 

### §§ 300aa-10 et seq. (the ''Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the tetanus diphtheria acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 

### § 100.3(a). 2. Petitioner received a Tdap vaccine on January 6 , 2018. 3. The vaccination was administered within the United States. 4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine administration ("SIRVA'') as set forth in the Table, or, in the alternative, that petitioner's alleged shoulder injury was caused in fact by the vaccine
. Petitioner further alleges that petitioner 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 petitioner's behalf as a result of petitioner's condition
.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 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. A lump sum of 

### $50,000.00 in the form of a check payable to petitioner; and B. A lump sum 

### of$1,523.67 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Louisiana UnitedHealthcare Community Plan, in the form of a check payable jointly to petitioner and Optum , to be sent to: Optum Attention: Melissa Calderon
L-3994 Group: Healthy Louisiana, #LABYHP File # : 57725780 Columbus, OH 43260-3994 Petitioner agrees to endorse this check to Optum. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a)
.

1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Louisiana may have against any individual as a result of any Medicaid payments the State of Louisiana has made to or on behalf of petitioner as a result of petitioner ' s alleged injury relating to a vaccine administered on January 6, 2018, under Title XIX of the Social Security Act, 

### see 42 U
. S.C. § 300aa-15(g), (h). 29. 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 receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), 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. 10. 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-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. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. 

### § 300aa15(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 petitioner's benefit 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-15(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 unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of

3action (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 could be timely brought in the Court of Federal Claims, under the Vaccine 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 Tdap vaccination administered on January 6, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about June 29, 2020, in the United States Court of Federal Claims as petition No. 20-788V. 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 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 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.

417. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Service that the Tdap vaccine caused petitioner's alleged injury

or any other injury or petitioner's current disabilities, or that petitioner suffered an injmy 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



### 5Respectfully submitted, PETITIONER:

Patricia Parks (Dec 13 1 202117 : 35 CST) PATRICIA PARKS
ATTORNEY OF RECORD FOR PETITIONER: 

# 2 7

JIMMA.ZGHEIB Zgheib Sayad , P.C. 75 South Broadway, 4th Floor White Plains, NY 10601 Tel: (914) 729-1110 Email: jim@vaccinelawyers.com

AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES: 

### [:)a&,_ ~I 

# l/r/SC/1 

# A/J~j'~ TAMARA OVERBY Acting Director, Division of Injury

Compensation Programs Health Systems Bureau Health Resources and Services

Administration U.S
. Department of Health

and Human Services 5600 Fishers Lane, 08N146B Rockville, MD 20857

Dated : 

# Ju/zdzoz.,( AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL: 

# -~~\he~~

6 HEATHER 

### L. PEARLMAN

Deputy Director Torts Branch Civil Division U.S. Department of Justice P
. O. Box 146 Benjamin Franklin Station Washington , DC 20044-0146
ATTORNEY OF RECORD FOR RESPONDENT:

NASEEM KOUROSH Trial Attorney Torts Branch Civil Division U.S
. Department of Justice P.O
. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 305-1159 Email: naseem.kourosh@usdoj.gov