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# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 12, 2021 * * * * * * * * * * * * * * * JOYCE BRIGGS, * UNPUBLISHED * Petitioner, * No. 19-1822V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine;Pneumococcal Conjugate * (“Prevnar 13”) Vaccine; Erythema Respondent. * Multiforme (“EM”); Bullous Fixed Drug * Eruption (“FDE”). * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Catherine E. Stolar, US Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION 1 On November 11, 2019, Joyce Briggs (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program. 2Petitioner alleged that as a result of receiving an influenza (“flu”)vaccination on December 19, 2016 and af ter receiving flu and pneumococcal conjugate vaccine (“Prevnar 13 ”)vaccinations on October 31, 2017, she developed Erythema Multiforme-like drug eruption (“EM”) and/or Bullous Fixed Drug Eruption (“FDE”) . Petition at 1 (ECF No. 1).

1Because this Decision contains a reasoned explanation for the action in this case, the undersigned is 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 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, the undersigned agrees that the identif ied material fits within this definition, the undersigned will redact such material from public access.
2The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.2 On October 12, 2021, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 55). Respondent denies that petitioner sustained EM and/or FDE. Respondent also denies that the flu vaccine and/or Prevnar 13 vaccine caused petitioner to suffer EM and/or FDE. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate thatpetitioner shall receive the following compensation: (1) A lump sum of $125,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’ s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is 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
JOYCE C
. BRIGGS, Petitioner, 

### v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) ) ) ) ) ) ) ) No
. l 9-l 822V Special Master Dorsey EC F

STIPULATION The parties hereby stipulate to the following matters: I
. Joyce C. Briggs, petitioner, filed a petition for vaccine compensation under the National Vaccine Injur y Compensation Program, 42 U.S.C
. §§ 300aa-l Oto -34 (the "Vaccine Program" ). The petition seeks compensation for i njuries allegedly related to petitioner's rece i pt ofan influenza ("flu") vaccine on December 19, 2016, and a flu vaccine and pneumococcal conjugate vaccine on October 31, 2017. 2. The flu vaccine and the pneumococcal conjugate vaccine are contained in the Vaccine Injury Table (the "Table"), 42 C.F .R
. § I00.3 (a). 3. The vaccinations were administered within the United States. 4. Petitioner alleges that she developed Erythema Multiforme ("EM") and/or Fixed Drug Eruption ("FDE") as a result of receiving the aforementioned vaccinations, and suffered the residual effects ofher alleged injuries for more than six months
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. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.6. Respondent denies that petitioner sustained EM and/or FOE. Respondent also denies that the flu vaccine and/or pneumococcal conjugate vaccine caused petitioner to suffer EM and/or FOE, or any other 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 ofthis Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)()), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $125,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(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 receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)( I), 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. I0. Petitioner and her 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.

211. Payment made pursuant to paragraph 8 ofthis Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aal 5(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 unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa- l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalfofher 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 action (including agreements, judgments, claims, damages, loss ofservices, expenses and all demands ofwhatever 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 Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death ofpetitioner resulting from, or alleged to have resulted from, the flu vaccination administered on December 19, 2016, and/or the flu and pneumococcal conjugate vaccinations administered on October 31, 2017, as alleged by petitioner in a petition for vaccine compensation filed on or about November 27, 2019, in the United States Court of Federal Claims as petition No. l9-1822V. I4. 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.

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. If the special master fails to issue a decision in complete conformity with the terms ofthis Stipulation or ifthe Court of Federal Claims fails to enterjudgment in conformity with a decision that is in complete conformity with the terms ofthis Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion ofeither 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 ofthe 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 ofthe parties' respective positions as to liability and/or amount ofdamages, 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. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu and/or pneumococcal conjugate vaccines caused petitioner to develop EM and/or FOE, or any other injury or her current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.

I I I I I I I I I I END OF STIPULATION

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### Respectfully submined, PETITIONER:



### ArrORNEYOFRECORDFOR PETITIONER:

Counsel for Petitioner Jeffrey S. Pop & Associates 9 150 Wilshire Bl vd. Suite 241 Beverly Hills, 90212-3429

AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:


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TAMARA OVERBY Acting Director, Division oflnjury

Compensation Programs Health Systems Bureau Health Resources and Services

Administration U

.S. Department ofHealth and Human Services 5600 Fishers Lane, 08N 146B Rockville, MD 20857 Dated : 

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5 AUTHORJZED REPRESENTATIVE OF THE ATTORNEY GENERAL: 

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HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division U.S. D~partment ofJustice P
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O.Box 146 Benjaa;iin Franklin Station Washington, DC 20044-0146



### ATTORNEY OF RECORD FOR RESPONDENT: 

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# ~ Q$1:!~ l-4? ~ CATHERINE E. STOLAR Trial Attorney Torts ijranch, Civil Division U.S. Department ofJustice P.O. B' ox 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 353-3299 Fax: (202) 616-4310 Email :. catherine
.stolar@usdoj
.gov