RIES v. SECRETARY OF HEALTH AND HUMAN SERVICES

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Case 1:20-vv-01838-UNJ Document59 _ Filed 01/13/26 Page1of7

In the Anited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: December 19, 2025

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LIESL RIES,
Petitioner, . No. 20-1838V
V. . Special Master Y oung
SECRETARY OF HEALTH *
AND HUMAN SERVICES, :
Respondent. *

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Maxinillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Elizabeth Andary, United States Department of Justice, Washington, DC, for Respondent.

DECISION!

On December 11, 2020, Liesl Ries (“Petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program.” 42 U.S.C. §§ 300aa-10 to -34 (2018).
Petitioner alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”’)

that was either caused-in-fact or significantly aggravated by an influenza (“flu”) vaccine she
received on September 25, 2019. Pet., ECF No. 1; Amend. Pet., ECF No. 39.

On December 19, 2025, the parties filed a stipulation (attached as Appendix A)? in which
they state that a decision should be entered awarding compensation to Petitioner. Stipulation {1 7,
ECF No. 55. Respondent “denies that the flu vaccine caused or significantly aggravated
[P]etitioner’s alleged injuries; and denies that her current condition is a sequela of a vaccine-related
injury.” Id. {| 6. Nevertheless, the parties agree to the joint stipulation. See id. {| 7. I find the
stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms

' 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://www.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 acoess to the intermmet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or otherinformation,
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 material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

3 The attached stipulation omits the Vinesign Document Completion Report to avoid unnecessary
disclosure of Petitioner's personal information.

2
set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(a) A lump sum of $49,000.00 to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner.
Id. ¶ 8. This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
I approve 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.4
IT IS SO ORDERED.
s/Herbrina D.S. Young
Herbrina D.S. Young
Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
Case 1:20-vv-01838-UNJ Document 59 Filed 01/13/26 Page 2 of 7

Case 1:20-vv-01838-UNJ

Document 59 —~ Filed 01/13/26 Page 3 of 7

Vinesign Document ID: 99DCA4A2-17F9-41E4-80E9-691C1BF3F 193

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

LIESL RIES,
Petitioner,
v.

SECRETARY QF HEALTH AND
HUMAN SERVICES,

Respondent.

No. 20-1838V
Special Master Herbrina D.S. Young
ECF

STIPULATION

The parties hereby stipulate to the following matters:

1. Lies! Ries (“petitioner”) filed a petition for vaccine compensation under the National

Vaccine [njury 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 is a vaccine contained in the Vaccine Injury Table (the “Table”),

42 C.E.R. § 100.3(a).

2. Petitioner received the flu vaccine in her left arm on September 25, 2019.

3. The vaccine was administered within the United States.

4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration

(“SIRVA”) that was either caused-in-fact by or significantly aggravated by the flu vaccine, and

that she experienced the residual effects of these injuries for more than six months.

5. Petitioner represents that there has beenno prior award or settlement of a civil action

for damages on her behalf as a result of the alleged injuries.

The signed document can be validated at https://app.vinesign.com/Verify

Case 1:20-vv-01838-UNJ Document59 _ Filed 01/13/26 Page 4of7

6. Respondent denies that the flu vaccine caused or significantly aggravated petitioner’s
alleged injuries; 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 $49,000.00 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-2 1(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

Case 1:20-vv-01838-UNJ Document59_ Filed 01/13/26 Page5of7

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.

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 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-i5(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
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-16 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 that may be alleged to have resulted from, the flu vaccination
administered on or September 25, 2019, as alleged by petitioner in a petition for vaccine

compensation filed on or about December 11, 2020, and amended on or about September 20,

Case 1:20-vv-01838-UNJ Document59_ Filed 01/13/26 Page 6of7

2022, and March 27, 2025, in the United States Court of Federal Claims as petition No. 20-
1838V.

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.

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 shalj not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused or significantly aggravated
petitioner’s alleged injuries or her current disabilities, or any other injury or condition, or that
petitioner sustained 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

Case 1:20-vv-01838-UNJ

Respectfully submitted,

PETITIONER:

Rid Rew

LIESL RIES

ATTORNEY OF RECORD FOR
PETITIONER:

MAXIMILLIAN J. MULLER
Muller Brazil

715 Twining Road, Suite 208.
Dresher, PA 19025

(215) 885-1655

E-mail: max@mullerbrazil.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

Digitally signed by
J effr ey S. Jeffrey S. Beach -S

Date: 2025.12.11
Beach -S 12:29:12 -05'00"

Document 59

eee Eh

Filed 01/13/26 Page 7 of 7

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

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:

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: lalia{aoas.

ELIZABETH A. ANDARY

Trial Attorney

Torts Branch

Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, DC 20044-0146

Tel: (202) 616-9824

E-mail: Efizabeth.A.Andary(@usdoj.gov