MYRICK v. SECRETARY OF HEALTH AND HUMAN SERVICES

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Case 1:23-vv-01786-UNJ Document41_ Filed 01/06/26 Page1of7

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 23-1786V

JEREMY MYRICK, Chief Special Master Corcoran

Petitioner, Filed: December 2, 2025
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

JohnDavid Toren, Menzer Law Finn, PLLC, Seattle, WA, for Petitioner.
Dima Atiya, U.S. Department of J ustice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION!

On October 11, 2023, Jeremy Myrick 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 shoulder injury related to vaccine
administration (“SIRVA”) resulting from a tetanus diphthena acellular pertussis (“Tdap”)
vaccine received on November 20, 2020. Petition at 1; Stipulation, filed December 2,
2025, at 7] 2-4. Petitioner further alleges that the Tdap vaccine was administered in the
United States, he suffered residual effects of his injury for more than six months, and
there has been no prior award or settlement of a civil action for damages on Petitioner's
behalf as a result of the alleged injury. Petition at {ff 2, 14-16; Stipulation at {1 3-5.
“Respondent denies that petitioner sustained a SIRVA Table injury; denies that the Tdap
vaccine caused petitioner to suffer a night shoulder injury, or any other injury; and denies
that his current condition is a sequela of a vaccine-related injury.” 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 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 2, 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 $30,000.00, 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.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 1:23-vv-01786-UNJ Document 41 Filed 01/06/26 Page 2 of 7

IN THE U�ITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEREMY MYRICK,
Petitioner,
V.
No. 23-l 786V
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Jeremy Myrick ("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 is a vaccine contained in the
Vaccine h1jmy Table (the "Table"). 42 C.F.R. § 100.3(a).
2. Petitioner received a Tdap vaccine on November 20, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that
his alleged shoulder injury was caused by the Tdap vaccine. Petitioner fu1ther alleges that he
suffered the residual effects of the alleged 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 petitioner's behalf as a result of the alleged injmy.
Case 1:23-vv-01786-UNJ Document 41 Filed 01/06/26 Page 3 of 7

Case 1:23-vv-01786-UNJ Document 41 Filed 01/06/26 Page4of7

6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Tdap vaccine caused petitioner to suffer a nght shoulder injury, or any other injury; and denies
that his current condition is a sequela of a vaccine-related injury.

7. Maitaimng 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 Stpulation, 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 $30,000.00 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 recerve 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 mm proceeding upon this
petition.

10. Petitioner and petitioner’s 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.

ty

Case 1:23-vv-01786-UNJ Document 41 Filed 01/06/26 Page 5of7

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 attorney’s 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 petitioner’s
individual capacity, and on behalf of petitioner’s 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
November 20, 2020, as alleged in a petition for vaccine compensation filed on or about October
12, 2023, in the United States Court of Federal Claims as petition No. 23-1786V.

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-01786-UNJ Document 41 Filed 01/06/26 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 1s 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 mjury or condition or m 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 or significantly
aggravated petitioner’s alleged shoulder injury, or any other injury or petitioner’s current
condition, or that petitioner’s current condition is a sequela of a vaccine-related injury.

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-01786-UNJ Document41 _ Filed 01/06/26 Page /7 of 7

Respectfully submitted,

PETITIONER:

[~~

JEREMY MYRICK

ATTORNEY OF RECORD FOR
PETITIONER:

~ opwe RV

JOHNDAVID G. TOREN

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

tA chtbunsd Fo ertiyrn

HEATHER L. PEARLMAN

Menzer Law Firm, PLLC

2800 First Avenue, Suite 328
Seattle, Washington 98121

Phone: (206) 903-1818

Email: mnam@menzerlawfirm.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH

AND HUMAN SERVICES:
Digitally signed by
Jeffrey S. Jeffrey S. Beach -S

Date: 2025.11.03

Beach -§ 09:00:28 -05'00' 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

Dated: | ‘2 Z

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:

ta

J.ATYAN 7
Trial Attomey
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Phone: (202) 880-0182
Email: Dima.Atiya@usdoj.gov