In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-788V 

UNPUBLISHED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 STIPULATION1

On June 29, 2020, Patricia Parks 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, filed 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 injury was 

caused in fact by the vaccine; that she experienced the residual effects of her condition 

for more than six months; and that there has been no prior ward or settlement of a civil 

action for damages on her behalf as a result of her condition. Petition at 6; 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (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 Petitioner; and

B. A lump sum of $1,523.673 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 

Optum4, 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 

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 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 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).

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). 

2 
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 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 

3 
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 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. 

4 
17. 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 

5 
Respectfully submitted, 

PETITIONER: 

Patricia Parks (Dec 131 202117:35 CST) 

PATRICIA PARKS 

ATTORNEY OF RECORD 

FOR PETITIONER: 

JIMM 

2

A.ZGHEIB 7 

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