VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01556
Package ID: USCOURTS-cofc-1_20-vv-01556
Petitioner: Linda Jarosz
Filed: 2020-11-09
Decided: 2023-01-23
Vaccine: influenza
Vaccination date: 2019-10-22
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 40500

AI-assisted case summary:
Linda Jarosz filed a petition for compensation under the National Vaccine Injury Compensation Program on November 9, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 22, 2019. Petitioner stated the vaccine was administered in the United States, her symptoms lasted more than six months, and she had not received prior compensation for this injury. Respondent denied that the vaccine caused her injury or that it constituted a SIRVA Table injury. Despite these positions, the parties filed a joint stipulation on December 19, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Linda Jarosz $40,500.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Darryl R. Wishard of the U.S. Department of Justice. The decision was issued on January 23, 2023.

Theory of causation field:
Petitioner Linda Jarosz received an influenza vaccine on October 22, 2019, and alleged a right shoulder injury related to vaccine administration (SIRVA). Respondent denied causation and that the injury was a SIRVA Table injury. The parties filed a joint stipulation agreeing to settle the case, with Petitioner represented by Leigh Finfer and Respondent by Darryl R. Wishard. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $40,500.00 for all damages. The stipulation, dated December 19, 2022, and the decision, dated January 23, 2023, do not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged SIRVA, but acknowledge the injury falls under the Vaccine Injury Table. The award represents a compromise of liability and damages.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01556-0
Date issued/filed: 2023-01-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/20/2022) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01556-UNJ Document 32 Filed 01/23/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1556V
UNPUBLISHED
LINDA JAROSZ, Chief Special Master Corcoran
Petitioner, Filed: December 20, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 9, 2020, Linda Jarosz 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 right shoulder injuries related to
vaccine administration resulting from an influenza (flu) vaccine she received on October
22, 2019. Petition at 1; Stipulation, filed at December 19, 2022, ¶¶ 1-2. Petitioner further
alleges that the vaccination was administered within the United States, her symptoms
lasted for more than six months, and neither she, nor any other party, has ever filed any
action or received compensation in the form of an award or settlement for Petitioner’s
vaccine-related injury. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that
[P]etitioner’s alleged right shoulder injury or any other injury or condition was caused by
her receipt of the influenza vaccine, and further denies that [P]etitioner sustained a SIRVA
Table injury.” 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-01556-UNJ Document 32 Filed 01/23/23 Page 2 of 7
Nevertheless, on December 19, 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 $40,500.00 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-01556-UNJ Document 32 Filed 01/23/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LINDA JAROSZ, )
)
Petitioner, ) No. 20• l 556V
) Chief Special Master
v. ) Brian Corcoran
) SPU
SECRET ARY OF HEALTH )
AND HUMAN SERVICES, )
)
_______________
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Linda Jarosz, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Pro~ 42 U.S.C. § 300aa-10 to -34 (the "Vaccine Program").
The petition seeks compensation for injuries aJJegedly 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 the influenza vaccination in her right arm on October 22, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a right shoulder injury related to vaccine
administration ("SIRVAn) as a result of receiving the influenza vaccine, within the Table time
frame, and that she experienced 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.

Case 1:20-vv-01556-UNJ Document 32 Filed 01/23/23 Page 4 of 7
6. Respondent denies that petitioner's alleged right shoulder injury or any other injury or
condition was caused by her receipt of the influenza vaccine, and further denies that petitioner
sustained a SIRVA Table 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 ofj udgment reflecting a decision consistent with
the terms oft his Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$ 40,500.00 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-15(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-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.
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-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.
2

Case 1:20-vv-01556-UNJ Document 32 Filed 01/23/23 Page 5 of 7
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 statutoty 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 of4 2 U.S.C. § 300aa-15(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 or assigns,
does forever irrevocably and unconditionaJly release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and alJ 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 10 et seq., on account of, or in any way growing out o~ 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 influenza vaccine administered on or about October 22, 20 l 9,
as alleged by petitioner in a petition for vaccine compensation filed on November 9, 2020, in the
United States Court of Federal Claims as petition No. 20-1556V.
14. If petitioner should die prior to entty ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalfo f either or both of the parties.
3

Case 1:20-vv-01556-UNJ Document 32 Filed 01/23/23 Page 6 of 7
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 Stipulatio~ 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 shaJJ not be construed as an admission by the United States or the
Secretary of Health and Hwnan Services that the influenza vaccine caused petitioner to suffer a
shoulder injury or her current disabilities, or any other injury or condition, or that petitioner
sustained an injury contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
4

Case 1:20-vv-01556-UNJ Document 32 Filed 01/23/23 Page 7 of 7
Respectfully mbmitted,
PETITIONER~
ATTORNEY OP RECORD FOR AUTHORIZED REPRSENTATIVE
PETITIONEll: OF THE ATTORNEY GENERAL:
~ ..." ''- R. 'Yc,pv,,--.,
Was.iA"4 ~c:r,~
1
.UIRE
~ HEATHERL PEARLMAN 7,1&.efc..'TOCZ-
MULLER B. .. I.LP r.:,(2-Deputy Director
~~
715 Twining Road. SU!te 218 Torts Branch
Drcshor, PA 19025 Civil Diviaion
(21S) 885-1655 U.S. Department of Justioe
leigh@mlillerbraziLcom P.O.Boxl-46
Benjamin Franklin Station
Washington, DC 20044--0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND RUMAN SERVICES:
GeorgeR. OlgWy,igned byt.ocge A.
Gnlnes•S14
Grimes-S14 DIie: 2022.11..2917~J45-o5'0(1 _i(ti1UI;. }Vtl,lL ~~~
CDR GEORGE REED GRIMES, MD, MPH ALTIIEA WALK.ER DA VIS
Direcw, Division or huuzy Senior Trial CouruuJ
Compensation Programs Torts Bratdl, Civil Division
Health Systems Butdll U.S. ~e.nt of Justice
Health Resourcts and Services P.O. Box146
Administration Benjamin FRllklin Station
u.s. Depanmem
of Health Washington, DC 20044-0146
and Human Services (202) 616-0515
5600 Fishers Lano, 08Nl46B Althea.Davis@usdoj.gov
Rookvillo, MD 20857