VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00233
Package ID: USCOURTS-cofc-1_21-vv-00233
Petitioner: Nadine Cory
Filed: 2021-01-07
Decided: 2025-08-26
Vaccine: influenza
Vaccination date: 2020-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 5500

AI-assisted case summary:
Nadine Cory filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 7, 2020. Petitioner claimed this was a Table Injury and that she experienced residual effects for more than six months. The respondent denied that the vaccine caused her injury or that she sustained a Table SIRVA injury. Despite these denials, the parties filed a joint stipulation on July 16, 2025, agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. The decision awarded Nadine Cory a lump sum of $5,500.00 for all items of damages, to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount represents compensation for her SIRVA, a condition listed on the Vaccine Injury Table. The case was resolved through this stipulation, avoiding further litigation on the merits of causation. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and the respondent was represented by Mary Novakovic of the U.S. Department of Justice.

Theory of causation field:
Petitioner Nadine Cory alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 7, 2020, claiming it was a Table Injury with residual effects lasting more than six months. Respondent denied causation and that the injury was a Table SIRVA injury. The parties reached a joint stipulation for settlement. The public text does not detail specific medical experts, clinical findings, or the precise mechanism of injury. The case was resolved via stipulation, with Chief Special Master Brian H. Corcoran adopting the terms. The award was a lump sum of $5,500.00 for all damages, paid to petitioner's counsel for disbursement. Petitioner's counsel was Bridget Candace McCullough, and respondent's counsel was Mary Novakovic. The decision date was August 26, 2025, based on a stipulation filed July 16, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00233-0
Date issued/filed: 2025-08-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/16/2025) regarding 35 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00233-UNJ Document 39 Filed 08/26/25 Page 1 of 7
(cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37)
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0233V
NADINE CORY, Chief Special Master Corcoran
Petitioner, Filed: July 16, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 7, 2021, Nadine Cory filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”).3 Petitioner alleged that she suffered a right shoulder injury related to
vaccine administration (“SIRVA”), a defined Table Injury, related to the influenza (“flu”)
vaccine she received on October 7, 2020. Amended Petition at 1, ¶ 2, 11, 15; Stipulation,
filed July 16, 2025, ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccine
within the United States, that she suffered the residual effects of the SIRVA for more than
six months, and that neither she nor any other party has filed a civil action or received
1Because 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.
2National 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 More than 15 months later, on May 3, 2022, she filed an amended petition, containing additional detail
and medical record citations. ECF No. 17.

Case 1:21-vv-00233-UNJ Document 39 Filed 08/26/25 Page 2 of 7
compensation for her SIRVA, alleged as vaccine caused. Petition at 1, ¶¶ 2, 12-13;
Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a Table SIRVA injury;
denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury;
and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation
at ¶ 6.
Nevertheless, on July 16, 2025, 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 $5,500.00, 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.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.
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Case 1:21-vv-00233-UNJ Document 39 Filed 08/26/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
NADINE CORY,
Petitioner, No. 21-233V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. On January 7, 2021, Nadine Cory (''petitioner') filed a petition for vaccine
compensation under the National Vaccine Injwy 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. § 100.3(a).
2. Petitioner alleges she received the flu vaccine in her right arm on October 7, 2020. 1
3. The vaccine was administered within the United States.
4. Petitioner aJleges that she suffered from a shoulder injury related to vaccine
administration ("SIRVA") as a result of receiving the flu vaccine. Petitioner further alleges that
she experienced the residual effects of this condition for more than six months.
1 Petitioner's vaccination administration record reflects that she received the tlu vaccination in
her left ann.
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Case 1:21-vv-00233-UNJ Document 39 Filed 08/26/25 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
6. Respondent denies that petitioner sustained a Table SIRVA injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequela of a 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 ofj udgment 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(aXl), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A Jump sum of $5,500.00 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 wmdd 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-2!(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-15(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
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Case 1:21-vv-00233-UNJ Document 39 Filed 08/26/25 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.
1 l. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation wiU 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-15(g) and (h).
13. In return for the payment 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 unconditiona1ly release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and alt actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
ofw hatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, wider the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-10 et seq., on accoW1t 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 October 7, 2020, as
alleged by petitioner in a petition for vaccine compensation fi1ed on or about January 7, 2021, in
the United States Court of Federal Claims as petition No. 21-233V.
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Case 1:21-vv-00233-UNJ Document 39 Filed 08/26/25 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment. this agreement shal1 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 ift he Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion ofe ither party.
16. This Stipulation expresses a fu]l 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 petitioner sustained a SIRVA Table injury; that the
flu vaccine caused petitioner's shoulder injury or any other injury; or that her current condition is
a sequela of a vaccine-related injury.
18. All rights and obligations of petitioner herewider shall apply equa1ly to petitioner• s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00233-UNJ Document 39 Filed 08/26/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
NADINE CORY
ATTORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE AT IORNEY GENERAL:
~ ,
~~'
..MJ~~~
HEATIIER L. PEARLMAN
Deputy Director
715 Twining Road Torts Branch
Suite208 Civil Division
Dresher, PA 19025 U.S. Department of Justice
Tel: (215) 885-1655 P.O. Box 146
Email: bridget@mullerbrazil.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND BUMAN SERVICES:
s.
Jeffrey
Digitally signed by
Jeffrey S. Bffc:h ·S
Be ac h -S _ D 33 a : t 3 e 0 : ;4 2 1 0 2 - 5 0 . 4 0 ' 6 0 . 0 2 ' 7 for ~~
CAPT GEORGE REED GRIMES, MD, MPH ~ OVIC
Director, Division of Injury ·at 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, DC 20044-0146
and Human Services Tel: (202) 616-2879
5600 Fishers Lane, 08W-25A Email: Mary.E.Novakovic@usdoj.gov
Rockville, MD 20857
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