FERREE v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:24-vv-01036-UNJ Document 33 Filed 01/23/26 Page1of7

In the Anited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 24-1036V
GEORGE FERREE, Chief Special Master Corcoran
Petitioner, Filed: December 19, 2025

V.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION’

On July 9, 2024, George Ferree filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.* (the
“Vaccine Act”). Petitioner alleges that he suffered a Table shoulder injury related to
vaccine administration (“SIRVA”) as a result of a November 16, 2022 influenza (“flu”)
vaccination. Petition at Jf 1-2, 18; Stipulation at Jf] 2, 4. Petitioner further alleges that he
received his vaccination in the United States, that he suffered the residual effects of his
injury for more than six months, and that there has been no prior award or settlement of
a civil action on his behalf as a result of his injury. Petition at Jf 1, 15-16; Stipulation at
{7 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table Injury and denies
that the vaccine caused his alleged shoulder injury, any other injury.” Stipulation at J 6.

Nevertheless, on December 18, 2025, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. | find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.

' 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.

? 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
Pursuant to the terms stated in the attached Stipulation, 3 I award the following
compensation:
A lump sum of $75,000.00, 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 final page of the Stipulation, an e-signature verification, has been removed.
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 1:24-vv-01036-UNJ Document 33 Filed 01/23/26 Page 2 of 7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GEORGE FERREE,
Petitioner,
V. No. 24-1036V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEAL TH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. On July 9, 2024, petitioner filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Program"). The
petition seeks compensation for an injury allegedly related to petitioner's receipt of the influenza
("flu") vaccine, which vaccine is contained in the Vaccine Injury Table, 42 C.F.R. § 100.3(a)
(the "Table").
2. Petitioner received a flu vaccine on November 16, 2022.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered a left-sided shoulder injury related to vaccine
administration ("SIRVA") as a result of his vaccination. Petitioner further alleges that he
experienced the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for
damages as a result of his alleged injury.
The signed document can be validated at https://app.vinesign.comNerify
Case 1:24-vv-01036-UNJ Document 33 Filed 01/23/26 Page 3 of 7

Case 1:24-vv-01036-UNJ Document 33 Filed 01/23/26 Page4of7

6. Respondent denies that petitioner sustained a SIRVA Table injury and denies that the
vaccine caused his alleged shoulder injury, or any other 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 eight 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 $75,000.00 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. Assoonas 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 his attorney represent that the 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 1:24-vv-01036-UNJ Document 33 Filed 01/23/26 Page5of7

11. Payment made pursuant to paragraph eight and any amounts awarded pursuant to
paragraph nine 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 compensation described in paragraphs eight and nine, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors, or assigns,
does forever and 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 November 16, 2022,
as alleged in a petition for vaccine compensation filed on or about July 9, 2024, in the United
States Court of Federal Claims as petition No. 24-1036V.

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 1:24-vv-01036-UNJ Document 33 Filed 01/23/26 Page 6of7

15. If the Chief 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 nine 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 that he suffered an injury contained in the Vaccine Injury Table.

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 1:24-vv-01036-UNJ Document 33 Filed 01/23/26 Page 7 of 7

Respectfully submitted,
PETITIONER:

ANCbe

GEORGE FERREE

ATTORNEY OF RECORD FOR
PETITIONER:

btn —

LAURA LEVENBERG

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

HEATHER L. PEARLMAN

Muller Brazil Deputy Director

715 Twining Road Torts Branch

Suite 208 Civil Division

Dresher, PA 19025 U.S. Department of Justice
Telephone: (215) 885-1655 P.O. Box 146

laura@mullerbrazil.com Benjamin Franklin Station

Washington, D.C. 20044-0146

AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:

Digitally signed by
Jeffrey S. Jeffrey S. Beach -S
Beach -S —e 09:34:30 ier

CAPT GEORGE REED GRIMES, MD, MPH Yea D. LEAVITT

Director, Division of Injury rial Attorney
Compensation Programs orts Branch

Health Systems Bureau Civil Division

Health Resources and Services U.S. Department of Justice

Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station

and Human Services Washington, D.C. 20044-0146
5600 Fishers Lane, 14W-18 (202) 880-0390
Rockville, MD 20857 joseph. leavitt@usdoj.gov

Dated: Vecemoar \$ | LOUS