CARNES v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:22-vv-01213-UNJ Document53_ Filed 01/09/26 Page1of7

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 22-1213V

PAMELA CARNES, Chief Special Master Corcoran

Petitioner, Filed: December 9, 2025
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Irene Angelica Finppis, U.S. Department of J ustice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION!

On September 2, 2022, Pamela Cames filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.* (the
“Vaccine Act”), which she amended on Apnil 11, 2025 and May 19, 2025. Petitioner
alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza (“flu”) vaccine received on October 17, 2019. Second
Amended Petition at 1; Stipulation, filed December 8, 2025, at {I 2-4. Petitioner further
alleges that the vaccine was administered in the United States, she experienced the
residual effects of her condition for more than six months, and there has been no prior
award orsettiement ofa civil action fordamages on herbehalfas a result of hercondition.
Second Amended Petition at 74 1, 20, 21; Stipulation at 7{| 3-5. “Respondent denies that
petitioner sustained a SIRVA Table injury; denies that the flu 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 J 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 httos:/Awww.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Govemment
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Govemment
Services). This means the Decision will be available to anyone with access to the intemet. 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 matenal 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 December 8, 2025, 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 lump sum of $60,500.00, 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.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.
Case 1:22-vv-01213-UNJ Document 53 Filed 01/09/26 Page 2 of 7

Case 1:22-vv-01213-UNJ Document53 Filed 01/09/26 Page 3of/7

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

PAMELA CARNES,

Petitioner,
v. No. 22-1213V

Chief Special Master Corcoran

SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

I. Pamela Carnes (“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 the influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the

“Table”), 42 C.F.R. § 100.3(a).

2, Petitioner received a flu vaccination on October 17, 2019.
3. The flu vaccine was administered within the United States.
4, Petitioner alleges that she sustained a Table shoulder injury related to vaccine

administration (““SIRVA”) within the time period set forth in the Table following administration
of the 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 on her behalf as a result of her condition.

Case 1:22-vv-01213-UNJ Document53_ Filed 01/09/26 Page 4of7

6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu 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 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 $60,500.00 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).

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 1:22-vv-01213-UNJ Document53 Filed 01/09/26 Page5of7

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 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, 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 vaccine administered on or about October 17, 2019, as
alieged by petitioner in a petition for vaccine compensation filed on September 2, 2022, in the
United States Court of Federal Claims as petition No. 22-1213V.!

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.

' Petitioner filed two amended petitions. See ECF No. 28 (First Am. Pet., filed April 11, 2025);
ECF No. 36 (Sec. Am. Pet., filed May 19, 2025).

3

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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 petitioner’s current condition, or that petitioner 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 1:22-vv-01213-UNJ Document53_ Filed 01/09/26 Page 7 of 7

Respectfully submitted,

PETITIONER:

P LA CARN

ATTORNEY OF RECORD
FOR PETITIONER:

R. HOWIE, JR.
Howie Law, PC

2608 Hibernia Street
Dallas, Texas 75204
Phone: 214-622-6340
jhowie@howielaw.nct

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

Jeffrey S. Digitally signed by Jeffrey
Beach-S asm for
CAPT GEORGE REED GRIMES, MD, MPH Director,
Division of Injury

Compensation Programs
Health Systems Burcau
Health Resources and Services
Administration
U.S. Department of Health
and Human Services
5600 Fishers Lane, 14W-18
Rockville, MD 20857

Dated: [27 Q-Lows

AUTHORIZED
REPRESENTATIVE
OF THE ATTORNEY
GENERAL:

AA tenet PE UA _

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:

drove & —S—

ENE A. FIRIPPIS
Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice
P.O, Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
(202) 305-3250
irenc.a.firippis@usdoj.gov