Wright v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-187V

STACEY WRIGHT, Chief Special Master Corcoran

Petitioner, Filed: November 20, 2025 v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On January 31, 2025, Stacey Wilson 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”) after receiving an influenza vaccination on October 11, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 18, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On November 19, 2025, Respondent filed the attached joint stipulation, 3 requesting that I issued a decision awarding $52,671.62 to Petitioner. 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).

3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the

appropriate amount of compensation to be awarded after an entitlement determination. However, in a minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. Stipulation at ¶ 8. 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 Petitioner a lump sum payment of $52,671.62, 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 Section 15(a).

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

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.

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

STACEY WRIGHT,

Petitioner, No. 25-187V Chief Special Master Corcoran v. ECF

STIPULATION

The parties hereby stipulate to the following matters:

1. Stacey Wright ("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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the

"Table"), 42 C.F.R. § I00.3(a).

2. Petitioner received a tlu vaccine on October 11 , 2023. 1

3. The vaccine was administered within the United States.

1 On October 11, 2023, petitioner also received a COVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See42 U.S.C. § 300aa-14 and 42 C.F .R. § 1003(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6:t, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. I5198, 15202 (March 17, 2020). 4. Petitioner sustained a left shoulder injury related to vaccination administration

("SIRVA") within the time period set forth in the Table following receipt of the flu vaccine and

experienced the residual effects of a SIRVA injury for more than six months.

5. There is not a preponderance of evidence demonstrating that petitioner's injury is due

to a factor unrelated to vaccination.

6. 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 petitioner's condition.

7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act

for her SIRVA Table injury. Therefore, a decision should be entered awarding the compensation

described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry ofjudgment 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-2l(a)(l), the Secretary of Health and Human Services will issue

the following vaccine compensation payment:

A lump sum of $52,671.62 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 ofjudgment 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)(l), 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.

I 0. 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

2 primarily liable under 42 U.S.C. § 300aa-l 5(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.

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-J S(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 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-l 5(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, (a) 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-l Oet seq., (i) 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 vaccinations

administered on October I I, 2023, and (ii) that petitioner has had, now has, or hereafter may

3 have with respect to the injury that gave rise to the petition for vaccine compensation filed on or

about January 31, 2025, in the United States Court of Federal Claims as petition No. 25• I87V;

and (b) waives any and all rights to any compensation that may be available under the

Countenneasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action

under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the

COVID• 19 vaccination administered on October t J, 2023, on its own or in combination with the

flu vaccination administered on October I I, 2023, caused or seriously aggravated the injuries

that were the subject of the petition for vaccine compensation filed on or about January 3 t, 2025,

in the United States Court of Federal Claims as petition No. 25-187V, including a shoulder

injury, for which petitioner wiJI receive compensation pursuant to this Stipulation. ff petitioner

has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for

compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the

date this Stipulation is filed, petitioner waives the right to file a claim as described in this

paragraph for compensation in the CICP.

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 confonnity 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.

2 After entry ofjudgment reflecting a decision consistent with the tenns of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CJCP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP.

4 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 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. The 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 shoulder injury

or any other injury or her current condition; however, petitioner has satisfied the Table criteria to

establish entitlement to compensation.

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's

heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

s Respectfully submitted,

PETITIONER:

STACEY WRIGHT

ATTQRNEY OF RECORD FOR AUTHORIZED REPRESENTATJVE PETITIONER: OF THE ATIORNEY GENERAL:

~~- Muller Braz.ii -M,iN::«,,1A~ & ~ HEATHER L. PEARLMAN Deputy Director 715 Twining Road. Suite 208 Torts Branch Dresher, PA 19025 Civi I Division (215) 885-1655 U.S. Department of Justice paul@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATIORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey$. ~1::~t~tedbyJeffrey

Beach -S Oate:2025.11.0419:00:57 --0s·oo· for ~ ~~ CAPT GEORGE REED GRIMES, MD, MPH CRYSTAL R. FlALKOWSKl Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civi I 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, 14 W-18 (202) 353-5267 Rockville, MD 20857 crystal.fialkowski@usdoj.gov

Dated: // /1 q /Bo~~