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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JOYCE BRIGGS, * UNPUBLISHED 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 STIPULATION1

On November 11, 2019, Joyce Briggs (“petitioner”) filed a petition in the National 

Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of receiving an 

influenza (“flu”) vaccination on December 19, 2016 and after 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). 

1

 Because 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 identified material fits within this definition, the undersigned will redact such 

material from public access. 

2

 The 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. 
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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 that petitioner 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. 

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No. l 9-l 822V 

Special Master Dorsey 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

I. Joyce C. Briggs, petitioner, filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine 

Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt 

of an 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. § I 00.3 (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 of her alleged injuries for more than six months. 

5. 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 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)()), 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. 

I 0. 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. 

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11. Payment 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. § 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 of 42 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 behalf of her 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 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 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 of petitioner 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. 

I 4. 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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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. 

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. 

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END OF STIPULATION 

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Respectfully submined, 

PETITIONER: 

ArrORNEYOFRECORDFOR 

PETITIONER: 

Counsel for Petitioner 

Jeffrey S. Pop & Associates 

9150 Wilshire Blvd. 

Suite 241 

Beverly Hills, 90212-3429 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

z;>~ ~I~~ A/J~tf~ 

TAMARA OVERBY 

Acting Director, Division oflnjury 

Compensation Programs 

Health Systems Bureau 

Health Resources and Services 

Administration 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane, 08N 146B 

Rockville, MD 20857 

Dated: to/n.,,/u,zJ 

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AUTHORJZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

\ 

HEATHER 

Deputy 

AM~A'si.@: 

Director 

L. PEARLMAN ~ 

Torts Branch, Civil Division 

U.S. D~partment of Justice 

P.O.Box 146 

Benjaa;iin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

~f:~..o/' ~ ~ Q$1:!~l-4?~ 

CA THERINE E. STOLAR 

Trial Attorney 

Torts ijranch, Civil Division 

U.S. Department of Justice 

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