Briggs v. Secretary of Health and Human Services

United States Court of Federal Claims·Decided April 29, 2026·No. 25-0524V·Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0524V

JILL BRIGGS, Chief Special Master Corcoran Petitioner, v. Filed: March 24, 2026

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.

Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On March 24, 2025, Jill Briggs filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine in her left arm on November 8, 2023. Petition at 1; Stipulation, filed at March 24, 2026, ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at 3; Stipulation at ¶4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine or any other vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that petitioner’s current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on March 24, 2026, 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.

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 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, 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. 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). Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

A lump sum of $75,000.00, 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.

2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPEC IAL MASTERS

JTLL BRIGGS,

Pelitioner, No. 25-524V Chief Special Master Corcoran V, ECF

SECRETARY OF HEALTH /\NO HUMAN SERVICES,

Respond en I.

ST fPULA TION

The part ies hereby sti pulate to the follow ing matters:

I. Jill Briggs ("petitioner") filed a petition fo r vaccine compensation under the Nationa l

Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 lo 34 (the "Vaccine Program").

The petition seeks compensation for injuries alleged ly related to petitioner's receipt of an

influenza ("flu") vaccine. which vaccine is contained in the Vaccine Injury Table (the "Ta ble"),

42 C. F.R. ~ I00.3(a).

2. Petitinncr received a fl u vaccine in her left shoulder on November 8, 2023.

3. The vaccine was adm inistered within the United States.

4. Petitioner alleges chat petitioner suffered a shou lder injury related to vaccine

adm inistration ("S IRVA") within the time period set forth in the Table following adm inistration

of the vaccine. Petitioner forther alleges that petitioner 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 acti on

for damages on petitioner' s behalf as a resu lt or the ,illcgcd injury. 6. Respondent denies that petitioner susta ined a SIRVA Table inju1y; denies that the flu

vacc ine or any other vaccine caused petitioner's al leged shoulder injury, or any other injury; and

denies that petitioner's current condition is a sequclae of a vaccine-related injury.

7. Maintain ing their above-stated positions, the parties nevertheless now agree that the

issuc1:, between them shall be sellled ,;111d that a decision shoul d be entered awarding the

compensation described in paragraph 8 of this Stipu lati on.

8. As soon as practicable after an entry of judgment reflecting a decision consistent with

the terms of this Stipulation, and after petitioner has (i(ed an election to receive compens,ltion

pursuant to 42 U.S.C. § 300aa-2 l(a)( l), the Secretary orr1ealL11 and llurnan Services will issue

the fo llowing vaccine compensation payment:

/\ lump sum of $75,000.00 to be paid through an AC f-f deposit to petitioner's counsel's IOLTA account fo r prompt disbursement to petitioner.

This amount represents compensation for a ll damages that would be available under 42

U.S.C. § 300aa-l 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. § J00aa-21 (a)( I), and an application, the parties will submit to rurther proceedings be Core

the speci,tl masH.:r Lo award reasonab le attorneys' fees and costs incurred in proceeding upon th is

petition.

I 0. Petitioner and petitioner's attorney represent that compensation to be provided

pursuant to this Stipulation is not for any items or services fo r wh ich the Program is not

primarily liable under 42 U.S.C. § 300aa- l 5(g), to the extent that payment has been made or can

reasonably be expected lo be made under any State compensation programs, insurance po licies,

2 Federal or State health benefits programs (other than Till e XIX of the Social Security Act (42

U.S.C. § 1396 ct seq.)), or by entities that provide health services on a pre-paid basis.

l l. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to

paragraph 9 orthis Stipulation will be made in accordance with 42 U.S.C.

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Related

§ 300a
42 U.S.C. § 300a
§ 3501
44 U.S.C. § 3501
§ 1396
42 U.S.C. § 1396