VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00945
Package ID: USCOURTS-cofc-1_20-vv-00945
Petitioner: Theresa Christoph
Filed: 2020-07-31
Decided: 2022-05-25
Vaccine: influenza
Vaccination date: 2019-09-27
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Theresa Christoph filed a petition for vaccine compensation on July 31, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on September 27, 2019. She claimed the injury was a Table injury, that it occurred within the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this injury. Respondent denied that the flu vaccine caused her alleged left shoulder injury or that she sustained a Table injury within the Table timeframe with residual effects for more than six months. Despite these differing positions, the parties filed a joint stipulation on May 25, 2022, agreeing to settle the case. The stipulation stated that Theresa Christoph would receive a lump sum payment of $30,000.00 as compensation for all damages. The Chief Special Master adopted the stipulation and awarded the compensation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00945-0
Date issued/filed: 2022-06-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/25/2022) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00945-UNJ Document 42 Filed 06/24/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-945V
UNPUBLISHED
THERESA CHRISTOPH, Chief Special Master Corcoran
Petitioner, Filed: May 25, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 31, 2020, Theresa Christoph 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 Table Injury – Shoulder Injury
Related to Vaccine Administration (SIRVA) – as a result of her September 27, 2019
influneza (“flu”) vaccination. Petition at 1; Stipulation, filed May 25, 2022, ¶¶ 1-2, 4.
Petitioner further alleges the vaccine was administered within the United States, that she
suffered the residual effects of her injury for more than six months, and that there has
been no prior award or settlement of a civil action on her behalf as a result of her injury.
Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 13-14. “Respondent denies that [P]etitioner
sustained the onset of a SIRVA Table injury within the Table timeframe, that she
experienced the residual effects of this injury for more than six months, and further denies
that the flu vaccine caused [P]etitioner’s alleged left shoulder injury, any other injury, or
her current condition.” Stipulation at ¶ 6.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012).

Case 1:20-vv-00945-UNJ Document 42 Filed 06/24/22 Page 2 of 7
Nevertheless, on May 25, 2022, 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 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 1:20-vv-00945-UNJ Document 42 Filed 06/24/22 Page 3 of 7
,.
3Jn tbe Wntteb ~tates <!Court of jfe beral <!tlai111s
OFFICE OF SPECIAL MASTERS
)
THERESA CHRISTOPH, )
)
Petitioner, )
) Case No. 20-945V (ECF)
v. ) CHIEF SPECIAL MASTER
) CORCORAN
SECRETARY OF HEAL TH )
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Theresa Christoph, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine
Program .. ). The petition seeks compensation for injuries allegedly related to petitioner·s receipt
of the influenza ("flu .. ) vaccine, which is a vaccine contained in the Vaccine Injury Table (the
'·Table''), 42 C.F.R. § I 00.3(a).
2. Petitioner received the vaccine on September 27, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration ("'SI RV A. . ) within the Table time period after receiving the flu vaccine. and
alleges that she experienced 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 alleged injuries.

Case 1:20-vv-00945-UNJ Document 42 Filed 06/24/22 Page 4 of 7
·1
6. Respondent denies that petitioner sustained the onset of a SIRVA Table injury
within the Table timeframe, that she experienced the residual effects of this injury for more than
six months, and further denies that the flu vaccine caused petitioner"s alleged left shoulder
injury, any other injury, or her current condition.
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)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $30,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under
42 U.S.C. § 300aa-l5(a).
9. As soon as practicable after the entry of judgment 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)(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.
I 0. 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-I 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

Case 1:20-vv-00945-UNJ Document 42 Filed 06/24/22 Page 5 of 7
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 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 her
individual capacity. and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit, and discharge the United States and
the Secretary of Health and 1-1 uman 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-l 0 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 September 27. 2019.
as alleged by petitioner in a petition for vaccine compensation filed on or about July 31. 2020. in
the United States Court of Federal Claims as petition No. 20-945Y.

Case 1:20-vv-00945-UNJ Document 42 Filed 06/24/22 Page 6 of 7
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 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 left
shoulder injury or any other injury or her current condition.
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 1:20-vv-00945-UNJ Document 42 Filed 06/24/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
<~~
THERESA CHRISTOPH
ATTORNEY OF RECORD FOR AUTHORIED REPRESENTATIVE
PET)ITIONER: OF THE ATTORNEY GENERAL:
--=--- -
//, _j -.
'~ ~--.,.
DA YID A. TIERNEY HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
Rawls Law Group Torts Branch, Civil Division
21 I Rocketts Way, Suite 100 U.S. Department of Justice
Richmond, VA 23231 P.O. Box 146
dtiemey@rawlslawgroup.com Benjamin Franklin Station
(804) 782-0617 Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
DlgltallysignedbyGeorgeR.
Grimes·S14
-514
Date: 2022.05.12 17:41:19 -04'00'
CDR GEORGE REED GRIMES, MD, MPH MARK K. HELLIE
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and P.O. Box 146
Services Administration Benjamin Franklin Station
U.S. Department of Health and Washington, DC 20044-0146
Human Services mark.hellie@usdoj.gov
5600 Fishers Lane, 08N 1468 (202) 616-4208
Rockville, MD 20857
Dated: ----,----------
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