Salgado v. Secretary of Health and Human Services ( 2023 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-205V
AMANDA SALGADO, Chief Special Master Corcoran
Petitioner, Filed: October 25, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1
On January 7, 2021, Amanda Salgado 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 Table injury – Shoulder Injury
Related to Vaccine Administration (“SIRVA”), as a result of a Human Papillomavirus
(“HPV”) vaccination she received on July 3, 2019. Petition at 1; Stipulation, filed at
October 24, 2023, ¶¶ 1-2, 4. Petitioner further alleges the vaccine was administered within
the United States, that she suffered the residual effects of her injury for more than six
months, and that there has been no prior award or settlement of a civil action on her
behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 3, 5. “Respondent
denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused
[P]etitioner's alleged shoulder injury or any other injury; and denies that [P]etitioner's
current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).
Nevertheless, on October 24, 2023, 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 $45,000 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).
B. A lump sum of $1,699.71, representing reimbursement of a Medicaid lien
for services rendered to Petitioner by the State of Wisconsin, in the form
of a check payable jointly to Petitioner and The Rawlings Company LLC:
The Rawlings Company LLC
Attn: Ms. Jaime L. Whitaker
PO Box 2000
La Grange, KY 40031
[Memo Line] 23WIN0600014
Petitioner agrees to endorse this check to The Rawlings Company LLC.
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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AMANDA SALGADO, )
)
Petitioner, ) No. 21-205V
) Chief Special Master Corcoran
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Amanda Salgado, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 .S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner' s receipt
of the Human Papillomavirus ("HPV") vaccine, which is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § I 00.3 (a).
2. Petitioner received an HPV vaccine on or about July 3, 2019.
3. The vaccine was administered within the United States.
4. The petition alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SJRV A") within the time period set forth in the Table, or in the alternative, that
the alleged shoulder injury was caused by the vaccine. The petition 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 arising out of the alleged vaccine injury.
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 tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l(a)(I ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A. A lump sum of$45,000.00 in the fonn 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).
B. A lump sum of$1,699.71, 1 representing reimbursement ofa Medicaid lien for
services rendered to petitioner by the State of Wisconsin, in the fonn of a check
payable jointly to petitioner and The Rawlings Company LLC:
The Rawlings Company LLC
Attn: Ms. Jaime L. Whitaker
PO Box 2000
La Grange, KY 40031
[Memo Line] 23WIN0600014
Petitioner agrees to endorse this check to The Rawlings Company LLC.
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Wisconsin may have against any individual as a result of any
Medicaid payments the State of Wisconsin or The Rawlings Company LLC has made to or on
behalf of Amanda Salgado as a result of her alleged vaccine-related injury suffered on or about
July 3, 2019, under Title XIX of the Social Security Act, ~ 42 U.S.C. § 300aa-l S(g), (h).
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9. As soon as pn1cticable at\er the entry ofjudgment 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-2 I(a)(I ), and an application, the parties wiH submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in any
proceeding upon this petition.
I0. 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 XlX of the Social Security Act {42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis, and
represent that they have identified to respondent all known sources of payment for items or
services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g).
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(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 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-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
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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 United States 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 HPV vaccination
administered on July 3, 2019, as alleged in a petition for vaccine compensation filed on or about
January 7, 2021 , in the United States Court of Federal Claims as petition No. 21-205V.
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 confonnity with the terms of
this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
confonnity with a decision that is in complete conformity with the tenns 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 J986, 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
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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 vaccine caused petitioner's alleged injury or
any other injury or petitioner's current condition, or that petitioner suffered an injury contained
in the Vaccine Injury Table.
18. All rights and obi igations of petitioner hereunder shall apply equally to petitioner's
heirs. executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Respectfully submitted,
PETITIONER:
AMANDA S A L O ~_,.,,.----.
AITORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
~)``
OF THE ATl'ORNEY GENERAL:
-,,4&,e i>\.kL 1 'tJ~a,LJAI\_
LEAH V. DURANT HEATHER L. PEARL
Law Offices of Leah V. Durant, PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Branch, Civil Division
Washington, DC 20006 U.S. Department of Justice
202-775-9200 P.O. Box 146
ldurant@durant1lc.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND BUMAN SERVICES:
Henry P• Dlgltally signed by
Henry P. McmlJIM -SS
by
Mcmillan -ss 13:43:27
Date:20ll,o.,o
-<>4'00'
CDR GBOROE REED GRIMES, MD, MPH p
Director, Division of Injury T'
Compensation Programs T Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resomces and Services P.O.Box 146
Administration Benjamin Franklin Station
U.S. Department of Health and Wasbingto~ DC 20~146
Human Services 202-30S-4035
5600 Fishers Lane, 08W-2SA parisa.tabagian@usdoi.gov
Rockville, MD 208S7
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