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 STIPULATION1

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.

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(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, filed 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. 

Petition 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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).

CORRECTED

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

No. 20-1580V 

UNPUBLISHED 
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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 would be available under Section 15(a). Id.

2. A lump sum payment of $674.67, representing compensation for

satisfaction of a State of Louisiana 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 11(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. 

Pursuant to the terms stated in the attached Stipulation, I award the following 

compensation: 
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

TOW ANDA BANKS, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

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No. 20-1580V 

Chief Special Master Corcoran 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Towanda Banks, petitioner, filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine 

Program''). The petition seeks compensation for injuries 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. § I 00.3 (a). 

2. Petitioner received the flu vaccine on November 30, 2017. 

3. The vaccination was administered within the United States. 

4. Petitioner alleges that she 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 of her 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 of Towanda 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). 

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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. 

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. 

1 I. 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 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-I S(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 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 

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(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 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 

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. 

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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 vaccine caused or significantly aggravated 

petitioner's alleged shoulder injury, or any other injury or her current condition. 

18. A II 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 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 signedbyGeorgeR. 

Grlmes-S14 

S 14 Date: 2022.05.31 21 ,43:33 -04'00' 

CDR GEORGE REED GRJMES, MD, MPH 

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, 08N 146B 

Rockville, MD 20857 

Dated: U. \ Lg \ ;;>,pa,~ 

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AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

~~Lit?~ 

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: 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

(202) 616-3667 

lynn.schlie@usdoj.gov