ELLISON v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:23-vv-00877-UNJ Document 42 Filed 12/04/25 Page1of7

In the Anited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 23-0877V

DEBORAH ELLISON, Chief Special Master Corcoran

Petitioner,
V. Filed: October 30, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

Jonathan J oseph Svitak, Shannon Law Group, P.C., Woodndge, IL, for Petitioner.
Camille Michelle Collett, U.S. Department of J ustice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION!

On June 12, 2023, Deborah Ellison filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.” (the
“Vaccine Act’). The petition seeks compensation for injuries allegedly related to
Petitioner's receipt of a tetanus-diphthena-acellular pertussis (“Tdap”) vaccine, which
vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on July
19, 2022. Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration (“SIRVA”) within the time period set forth in the Table. She further alleges
that she suffered the residual effects of this condition for more than six months.

! 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 matenal 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
Respondent denies that Petitioner sustained a Table SIRVA; denies that the
vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that
her current condition is a sequela of a vaccine-related injury.
Nevertheless, on October 29, 2025, the parties filed the attached joint stipulation3
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 $95,000.00 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 In attaching the parties’ joint stipulation, I have omitted the last page – an RSign form that includes
personal information regarding Petitioner.
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-00877-UNJ Document 42 Filed 12/04/25 Page 2 of 7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEBORAH ELLISON,
Petitioner,
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 23-877V
Chief Special Master Corcoran
ECF
STIPULATION
The parties hereby stipulate to the following matters:
1. Deborah Ellison ("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 a Tetanus-diphtheria-acellular-pertussis ("Tdap") vaccine, which vaccine is contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a Tdap vaccine on July 19, 2022.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table. She 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 alleged injury.
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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 her
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 $95,000.00, 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.

2

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§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

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(1), 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 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 Tdap vaccination administered on July 19, 2022, as
alleged in a petition for vaccine compensation filed on or about June 12, 2023, in the United
States Court of Federal Claims as petition No. 23-877V.

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable

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upon proper notice to the Court on behalf of either or both of the parties.

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 Tdap 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. All nights 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:
Deborah Ellison
DEBORAH ELLISON
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
)
JONATHAN SWITAK HEATHER L. PEARLMAN
SHANNON LAW GROUP, P.C. Deputy Director
6825 Hobson Valley Drive, Suite 101 Torts Branch
Woodridge, IL 60517 Civil Division
Tel: (312) 578-9501 U.S. Department of Justice
E-mail: jsvitak@shannonlawgroup.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
JefirelyS. Degen stn (7 ,
Beach -S ae 2025.10.22 13:07:41 ‘5 t
CAPT GEORGE REED GRIMES, MD, MPH CAMILLE M. LETT~ AK
Director, Division of Injury Trial Attorney
Compensation Programs Torts 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, DC 20044-0146
5600 Fishers Lane, 14W-18 Tel: (202) 616-4098
Rockville, MD 20857 E-mail: Camille.M.Collett@usdoj.gov

Dated: ola Qo2<—

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