### TOWANDA BANKS , Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran Filed: June 8, 2022 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY , for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1 

### On November 12, 2020 , Towanda Banks 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 right shoulder injury related to vaccine administration (SIRVA) resulting from the adverse effects of an influenza (flu) vaccine she received on November 30, 2017 . Petition at 1 ; Stipulation, fil ed at June 6, 2022 , ¶¶ 1 -2

. Petitioner further alleges that the vaccination was administered within the United States, she suffered the residual effects or complications from her right SIRVA injuries for more than six months, and neither she, nor any other party, has ever received compensation in the form of an award or settlement for Petitioner’s vaccine
- related injury

. Petit ion at ¶¶ 1, 12 ; Stipulation at ¶¶ 3-5
. “ Respondent denies that the flu vaccine caused [P]etitioner to suffer a right shoulder injury or any other injury or her current condition, and denies that [P]etitioner sustained a SIRVA Table 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1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 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 w hich 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 ). CORRECTED 

# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No . 20- 1580V UNPUBLISHED2



### 1. A lump sum of $50,000.00 in the form of a check payable to Petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under Section 15 (a). Id

. 2. A lump sum payment of $674.67 , representing compensation for satisfaction of a State of Louisian a Medicaid lien, payable jointly to Petitioner and Optum , and mailed to: Optum L-3994 Columbus, OH 4326
-3994 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 Court is directed to enter judgment in accordance with this decision. 3 

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

3 Pursuant to Vaccine Rule 1 1(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 

### Nevertheless, on June 6, 2022, 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. Pu rsuant to the term s stated in the attach ed Stipulati on, I awardthe following compensation:

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
TOWANDA BANKS, Petitioner,

v. 

### SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) ) ) ) ) ) ) ) 

### No. 20-1580V Chief Special Master Corcoran ECF

STIPULATION The parties hereby stipulate to the following matters: 1. Towanda Banks, petit io ner, filed a petition for vaccine compensation under the National Vacci ne Injury Compensation Program, 42 U.S.C
. 

### §§ 300aa-10 to -34 (the "Vaccine Pro g ram' '). The petition see ks compensation for injurie s allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the

'' Table ''), 42 C.F .R. § I00 .3 (a)
. 2. Petitioner received the flu vaccine on November 30, 2017. 3. The vaccination was adminis tered within the United States
. 4. Petitioner alleges that s he sustained a Shoulder Injury Related to Vaccine Administration as defined in the Table; she further alleges that the flu vaccine caused her alleged shoulder injury, and that she suffered the residual effects ofher alleged injury 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 the flu vaccine caused petitioner to suffer a right shoulder injury or any other injury or her current condition, and denies that petitioner sustained a SIRVA Table 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 payments: A. A lump sum of$50,000.00 in the form of a check payable to petitioner; and 

### 8. A lump sum 

### of$674.67, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Louisiana, in the form of a check payable jointly to petitioner and Optum: Optum L-3994 Columbus, OH 43260-3994 Petitioner agrees to endorse this check to Optum. These amounts represent compensation for all damages that would be available under 42 U.S.C. 

### § 300aa-l 5(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 Louisiana Program has made to or on behalf ofTowanda Banks as a result of her alleged injury relating to a vaccine administered on or about November 30, 2017, 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 specia l master to award reasonab le attorneys' fees and costs incurred in proceeding upon this petition. l 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- l 5(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. 1I. 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 st ipulate 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 ofpetitioner as contemplated by a strict construction of42 U.S.C. § 300aa-I S(a) and (d) , and subject to the conditions of42 U.S.C. § 300aa-15(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


### 3

### (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 ofpetitioner resulting from, or alleged to have resulted from, the flu vaccination administered on November 30, 2017,
as alleged by petitioner in a petition for vaccine compensation filed on or about November 12, 2020, in the United States Court of Federal Claims as petition No. 20-l580V. 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 ofthis Stipulation or if the 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 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 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 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 ofHealth and Human Services that the flu vaccine caused or significantly aggravated petitioner's alleged shoulder injury, or any other injury or her current condition. 18. AII rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.



### I I I I I I 

### I 

### I I I I 

### I I 

### I I I 

### I I I I 

### I I I 

### I I I 

### I 

### I I 

### I I 

### I I I 

### END OF STIPULATION

5Respectfully submitted, PETITIONER:

TOW ANDA BANKS ATTORNEY OF RECORD FOR PETITIONER:

JIM Co set for e · oner Zgheib Saya , P.C. 75 South Broadway, 4th Floor White Plains , NY I 060 I

AUTHORIZED REPRESENTATIVE OFTHESECRETARYOFHEALTH AND HUMAN SERVICES: 

### George 

### R. Grimes
- Digitally si gnedbyGeorgeR. G rl mes-S14 

### S14 Date : 2022.05

. 31 21 ,43:33 -04'00' CDR GEORGE REED GRJMES, MD , MPH D i rector, Division of Injury Compensation Programs Hea lth Systems Bureau Health Reso urce s and Services

Administration U.S. Department of Health

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

### U

.\ 

### Lg \ ;;>,pa, ~

6 AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:



# ~~ L it?~ Deputy Director Torts Branch, Civil Division U.S. Department ofJustice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

ATTORNEY OF RECORD FOR RESPONDENT:

Trial Attorney Torts Branch, Civil Division U.S. Department ofJustice P
. O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 (202) 616-3667 lynn.schlie@usdoj.gov