AMICK v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:23-vv-01831-UNJ Document 35 Filed 11/12/25 Page1of7

In the Anited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 23-1831V

CAROL AMICK, Chief Special Master Corcoran

Petitioner, Filed: October 10, 2025
V.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

John Clarke Newton, Bluestien Thompson Sullivan, LLC, Columbia, SC, for Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION’

On October 18, 2023, Carol Amick filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, ef seq.* (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury following an influenza
vaccination she received on February 3, 2022. Petition at 1; Stipulation, filed at October
10, 2025, {| 2, 4. Petitioner further alleges that she has suffered the residual effects of
her vaccine-related injury for more than six months. Stipulation at J 4. “Respondent
denies that Petitioner sustained a Table injury; denies that Petitioner’s alleged shoulder
injury was caused-in-fact by the subject vaccines, and denies that the flu vaccine caused
Petitioner any other injury or her current condition.” 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:/Awww.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, |
agree that the identified material fits within this definition, | 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).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
Nevertheless, on October 10, 2025, the parties filed the attached joint stipulation,3
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 lump sum of $32,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The filed Stipulation included an electronic signature page that has been removed from the attachment
to protect the confidential information of the signers.
4 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.
Case 1:23-vv-01831-UNJ Document 35 Filed 11/12/25 Page 2 of 7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CAROL AMICK,
Petitioner,
V.
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent.
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No. 23-1831V
Chief Special Master Corcoran
ECF
STIPULATION
The parties hereby stipulate to the following matters:
1. Carol Amick, 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 contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on February 3, 2022. The vaccine administration
record indicates the vaccine was administered in the left arm.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered injuries "including left deltoid tendinitis and a
labrum tear" caused-in-fact by the flu vaccine and further alleges that she experienced the
residual effects of her 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.
Case 1:23-vv-01831-UNJ Document 35 Filed 11/12/25 Page 3 of 7

Case 1:23-vv-01831-UNJ Document35_ Filed 11/12/25 Page 4of7

6. Respondent denies that petitioner sustained a Table injury, denies that petitioner’s
alleged shoulder injury was caused-in-fact by the subject vaccines, and denies that the flu
vaccine caused petitioner any other injury or her current condition.

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)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:

A lump sum payment of $32,000.00 to be paid through an ACH deposit to

petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. This

amount represents compensation for all damages that would be available under 42

U.S.C. § 300aa-15(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)(1), 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 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.

Case 1:23-vv-01831-UNJ Document35_ Filed 11/12/25 Page5of7

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 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-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
(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 February 3, 2022, as
alleged by petitioner in a petition for vaccine compensation filed on or about October 18, 2023,
in the United States Court of Federal Claims as petition No. 23-1831V.

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.

Case 1:23-vv-01831-UNJ Document35_ Filed 11/12/25 Page 6of7

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 vaccine caused petitioner’s alleged shoulder
injury 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.

END OF STIPULATION

Case 1:23-vv-01831-UNJ

Respectfully submitted,
PETITIONER:

Carnot Omick

CAROL AMICK

ATTORNEY OF RECORD FOR
PE ONE

J. QLA NEWTON
Bluestejff Thompson Sullivan LLC
1614-faylor Street (29201)

P.O. Box 7965

Columbia, SC 29202

(803) 779-7599
clarke@bluesteinattomneys.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

George R.
Grimes -S16

CAPT GEORGE REED GRIMES, 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, 0O8W-25A
Rockville, MD 20857

Digitally signed by George R.
Grimes -S16
Date: 2025.07.28 10:09:50 -04'00'

pated: (JKOLY (0; 1025

Document 35

Filed 11/12/25

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

HEATHER L. PEARLMAN
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:

EMILIE F. WILLIAMS

Trial Attorney

Torts Branch

Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146

Tel: (202) 305-0124

Email: Emilie.williams@usdoj.gov

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