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

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0422V
HEIDI LANGMAN, Chief Special Master Corcoran
Petitioner, Filed: November 6, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1
On January 8, 2021, Heidi Langman 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccination she received on
November 6, 2019. Petition at 1; Stipulation, filed at November 6, 2023, ¶¶ 2, 4. Petitioner
further alleges that the residual effects of her injury persisted for more than six months.
Petition at ¶8; Stipulation at ¶4. “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.” Stipulation at ¶6.
Nevertheless, on November 6, 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.
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).
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $12,500.00 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.
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.
2
Vinesign Document ID: B12255BB-4D85-4A48--877C-06C784653F5C
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OfflCE OF SPECIAL MASTERS
HEIDI LANGMAN.
Petitioner,
No. 21-422V (ECF)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Heidi Langman, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.J(a).
2. Petitioner received an influenza vaccine on November 6, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA") as set forth in the Table. Petitioner further alleges that petitioner
experienced the residual effects of this condition for more than six months.
S. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalfas a resuh of petitioner's condition.
The signed document can be validated at https://app.vinesign.com/Verify
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 ofa 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 ofjudgment 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-2l(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $12,500.00 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-1S(a).
9. As soon as practicable after 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-2l(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.
10. 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 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.
2
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. § 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 petitioner's benefit as contemplated by a strict
construction of 42 U.S.C. §§ 300aa-lS(a) and (d), and subject to the conditions of 42 U.S.C.
§§ 300aa-l S(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individuaJ capacity, and on behalf of petitioner's 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 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 Vaccine Program, 42 U.S.C.
§ 300aa-t 0 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 influenza vaccination administered on November 6, 2019, as alleged by
petitioner in a petition for vaccine compensation filed on or about January 8, 2021, in the United
States Court of Federal Claims as petition No. 21-422V.
14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3
15. lfthe 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 confonnity 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.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Service that the influenza vaccine caused petitioner's alleged
injury or any other injury or petitioner's current disabilitiesJ or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitiol)er hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4
RespectfuUy submitted,
PETmONER:
HEIDI LANGMAN
ATIORNEYOFRECORD AUTHORIZED REPRESENTATIVE
FOR PETmONER: OF THE ATIORNEY GENERAL:
~
AMYSENERTH
, MJ~¼t?~
HEATHER L. PEARLMAN
Muller Brazil Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher. PA, 19025 Civil Division
Telephone: (215) 885-1655 U.S. Department of Justice
Email: amy@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR
OFTHESECRETARYOFHEALTR RESPONDENT:
AND HUMAN SERVICES:
Dlgllllll' Signed by Htftly
Henry P•
by Mcmillan -S5 ::r
P.Mcrnllliln·SS
1023 12 0
·'0Jl 2J ""
CDR GEORGE REED GRIMES, MD, MPH
Director, Division oflnjury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U.S. Department of Health
and Human Services
5600 Fishers Lane, 08W-25A
Rockville, MD 20857
nated, II/ 4 /';;. oa,2_ .
l I
5
Vinesign
~ Verification Complete
The document ha s been officia lly verified
Document Status ~ Signed & Verified
Document Nam., Stipulation - Heidi Langman
Sender Name Muller Brazil
Document Key 812255BB-4D85-4A48-877C-06C784653F5C
Recipient 1 IP Address Signature
Heidi Langman 172.56.169.205
heldi.langman@cdtfa .ca .gov
Order 1
Document History
Activity Date&Time Recipient Activity Details
10/11/2023 15:59 UTC Heidi Langman Signed by Heidi Langman (heidi.langman@cdtfa.ca.gov)
Blockchaln Block
WPbAUmFmsqb+oV8rmkmkFA6DMAyRASGB0MNGDJlgMo=
Document Completed Document Hash
069SD0FOSE7E62C0E656ABBCBE61 B4009BFOSEC1 SE7B359ACA7D2572D424A 11 A
@M¾Y.418 Tlmestamp
10/1112023 15:59 UTC
10/11/2023 15:59 UTC Heidi Langman Viewed by Heidi Langman (heidi.langman@cdtfa.ca.gov)
Document Viewed
10/11/2023 15:58 UTC Heidi Langman Viewed by Heidi Langman (heidi.langman@cdtfa.ca.gov)
Document Viewed
10/11/2023 15:58 UTC Heidi Langman Viewed by Heidi Langman (heidi.langman@cdtfa.ca.gov)
Document Viewed
10/11/2023 15:58 UTC Heidi Langman Viewed by Heidi Langman (heidi.langman@cdtfa.ca.gov)
Document Viewed
10/1112023 15:58 UTC Heidi Langman Viewed by Heidi Langman (heidi.langman@cdtfa.ca.gov)
Document Viewed
10/11/2023 15:58 UTC Heidi Langman Viewed by Heidi Langman (heidi.langman@cdtfa.ca.gov)
Document Viewed
10/10/2023 23:50 UTC Heidi Langman Sent out via email to Heidi Langman (heidi.langman@cdtfa.ca.gov)
Document Sent
10/10/2023 23:50 UTC Created by Muller Brazil (medicalrecords@myvaccinelawyer.com)
Document Created