SHEYNIN-ALBERT v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:22-vv-01035-UNJ Document 76 Filed 01/12/26 Page1of7

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: December 17, 2025

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ALONA SHEYNIN-ALBERT, * UNPUBLISHED
*
Petitioner, * No. 22-1035V
*
V. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, ** (“Flu”) Vaccine; Bell’s Palsy.
*
Respondent. *
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Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION'

On August 22, 2022, Alona Sheynin-Albert (“Petitioner”) filed a petition in the National
Vaccine Injury Program? alleging that she developed Bell’s palsy as a result of an influenza
(‘flu’) vaccination on October 4, 2019. Amended Petition at Preamble (ECF No. 21).

On December 17, 2025, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 71). Respondent denies that the flu vaccine
caused Petitioner to develop Bell’s palsy, any other injury or condition, or that Petitioner’s

' Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it 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, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.

The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act’). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $62,500.00 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). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
current condition is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
Case 1:22-vv-01035-UNJ Document 76 Filed 01/12/26 Page 2 of 7

Case 1:22-vv-01035-UNJ Document 76 Filed 01/12/26 Page3of7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

ALONA SHEYNIN-ALBERT,.

Petitioner. No, 22-1035V

Special Master Dorsey
v. ECF

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. On August 22, 2022, Alona Sheynin-Albert (“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 vaccine is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. § 100.3(a).

2. Petitioner received the flu vaccine on October 4, 2019.

3. The vaccine was administered within the United States.

4, Petitioner alleges that she suffered Bell’s palsy asa result of receiving the flu vaccine.
Petitioner further alleges that she 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 as a result of her condition,

Case 1:22-vv-01035-UNJ Document 76 Filed 01/12/26 Page4of7

6. Respondent denies that the flu vaccine caused petitioner to develop Bell’s palsy, any
other injury or condition, or 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 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 of $62,500.00 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-1 5(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.

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Case 1:22-vv-01035-UNJ Document 76 Filed 01/12/26 Page5of7

(1. Payment made pursuant to paragraph & 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-1 5{a) and (d), and subject to the conditions of 42 U.S.C.
§ 500aa-]5(g) and (h).

13. In return for the payment described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf ofher 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. § 300 aa-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 October 4, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about August 22, 2022,
and in an amended petition filed on or about November 13, 2023, in the United States Court of
Federal Claims as petition No. 22-1035V,

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 1:22-vv-01035-UNJ Document 76 Filed 01/12/26 Page 6of7

15. Ifthe 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
Stpulation 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 injury or
any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.

18. Allrights and obligations 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:

ALONA SHEYNIN-ALBERT _

ATTORNEY OF RECORD FOR
PETITIONER:

Ronold C. Homer loy-
Co ne Cravpdtllo Rule 93-1 (0(2)

RONALD C. HOMER
Conway Homer, P.C.

16 Shawmut Street

Boston, MA 02116

Tel: (617) 695-1990

Email: rhomer@ccandh.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

Digitally signed
Jeffrey S. — Sefrey’ Beach's
Date: 2025.12.11
Beach -S 09:36:40 05100" for

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, 14W-18
Rockville, MD 20857

pated: December 17, 2025

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

WU dub ¥featw—

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:

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MARY NOVAKOVIC

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146

Tel: (202) 616-2879

Email: Mary.E.Novakovic@usdoj.gov