VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01326
Package ID: USCOURTS-cofc-1_19-vv-01326
Petitioner: Ann M. Horgan
Filed: 2019-08-30
Decided: 2023-07-19
Vaccine: influenza
Vaccination date: 2016-09-16
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 47000

AI-assisted case summary:
Ann M. Horgan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccination received on September 16, 2016. The petition stated that the vaccine was administered in the United States, her injury persisted for more than six months, and she had not previously filed a civil action or received compensation for this injury. Respondent denied that the SIRVA onset occurred within the Table timeframe and denied that the flu vaccine caused her injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The Chief Special Master adopted the stipulation as the decision awarding damages. Ann M. Horgan was awarded a lump sum of $47,000.00 for all items of damages available under Section 15(a). The case was settled as a Table claim, with the stipulation not constituting an admission by the United States that the vaccine caused the injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01326-0
Date issued/filed: 2023-07-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/15/2023) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:19-vv-01326-UNJ Document 41 Filed 07/19/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1326V
ANN M. HORGAN, Chief Special Master Corcoran
Petitioner, Filed: June 15, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Christopher E. Hultquist, Law Office of Christopher E. Hultquist, Esq., Providence, RI,
for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On August 30, 2023, Ann M. Horgan 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) resulting from receipt of the influenza (flu) vaccination on
September 16, 2016. Petition at 1; Stipulation, filed at June 15, 2023, ¶¶ 1-2. Petitioner
further alleges that she received the vaccination within the United States, her injury
persisted for more than six months, and she has never filed a civil action nor received
compensation in the form of an award or settlement for her vaccine-related injury. Petition
at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner suffered the onset of her
alleged SIRVA within the Table timeframe; denies that the flu vaccine caused
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).

Case 1:19-vv-01326-UNJ Document 41 Filed 07/19/23 Page 2 of 7
[P]etitioner’s alleged shoulder injury or any other injury and further denies that her current
disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on June 15, 2023, 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 $47,000.00 in the form of a check payable 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

Case 1:19-vv-01326-UNJ Document 41 Filed 07/19/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANN M. HORGAN,
Petitioner, No. 19-1326V
Chief Special Master Corcoran
v. SPU
SECRET ARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Ann M. Horgan, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-JO to 34 (the "Vaccine Program"). The
petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza
("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §
100.3 (a).
2. Petitioner received a flu vaccine on or about September 16, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") as a consequence of the flu immunization she received on or about September 16,
2016, and further alleges that she suffered the residual effects of this 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 her behalf as a result of her condition.
Page I of5

Case 1:19-vv-01326-UNJ Document 41 Filed 07/19/23 Page 4 of 7
6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the
Table timeframe; denies that the flu vaccine caused petitioner's alleged shoulder injury or any
other injury and further denies that her current disabilities are a sequel a ofa 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-2 l(a)(l), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lump sum of $47,000.00, in the form of a check payable to petitioner,
representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-l 5( a).
9. As soon as practicable after the entry ofj udgment 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 l ( a)( I), 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 they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-IS(g), including 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 entities that provide health services on a prepaid basis.
Page2 of5

Case 1:19-vv-01326-UNJ Document 41 Filed 07/19/23 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
I 2. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, 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
t 5(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, and 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 al I demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in the
United States 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 flu vaccination administered on or about September 16, 2016,
as alleged by petitioner in a petition for vaccine compensation filed on or about August 30, 2019
in the United States Court of Federal Claims as petition No. l 9-1326V.
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.
I 5. If the special master fails to issue a decision in complete confonnity with the terms of
this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
Page 3 ofS

Case 1:19-vv-01326-UNJ Document 41 Filed 07/19/23 Page 6 of 7
confonnity 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.
I 6. 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 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_fiirther, 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 flu vaccine caused petitioner's alleged shoulder
injury or any other injury or any of her current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page4 of 5

Case 1:19-vv-01326-UNJ Document 41 Filed 07/19/23 Page 7 of 7
Respectfully submitted,
PETITIONER: '4r&U
,; ')
( tfrm ---111
ANN M. HORGAN
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
, M e A::kNA"-d---?e. ,
1 JJvt__
CHRISTOPH R HULTQUIST HEATHER L. PEARLMAN
HULTQUIST LAW, P.C. Deputy Director
56 Pine Street Torts Branch
Suite 200 Civil Division
Providence, RI 02903 U. S. Department of Justice
( 40 I) 383-6650 P.O.Boxl46
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
H enry P• Olghally signed by ~~ (3 O~cM)W~
HenryP,Mcmlllan-53
~~~!:!°.6~l
by Mcmillan -S3 P\.< ~~ L.,Qc ~
CDR GEORGE REED GRIMES, MD, MPH MALLORI 8. OPENCHOWSKI
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, D.C. 20044-0146
and Human Services Tel: (202) 305-0660
5600 Fishers Lane, 08N 1468 mallori.b.openchowski@usdoj.gov
Rockville, MD 20857
Dated: y-ic::t- I~, 202.j'
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