VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00243
Package ID: USCOURTS-cofc-1_21-vv-00243
Petitioner: Kathryn Rikard
Filed: 2021-01-07
Decided: 2023-09-05
Vaccine: influenza
Vaccination date: 2019-09-25
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Kathryn Rikard filed a petition for vaccine compensation on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 25, 2019. She claimed the injury was a Table injury and that she experienced residual effects for more than six months. Respondent denied that the flu vaccine caused her alleged shoulder injury or any other condition. Despite these denials, the parties reached a joint stipulation for settlement. The court adopted the stipulation as its decision awarding damages. Ms. Rikard was awarded a lump sum of $25,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The stipulation also addressed future proceedings for attorneys' fees and costs. The case was settled as a Table claim, with the award intended to compensate for all claimed damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00243-0
Date issued/filed: 2023-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/01/2023) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00243-UNJ Document 38 Filed 09/05/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0243V
KATHRYN RIKARD, Chief Special Master Corcoran
Petitioner, Filed: August 1, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 7, 2021, Kathryn Rikard 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 filed an amended petition on May 5, 2022. ECF No. 21.
Petitioner alleges that she suffered a shoulder injury related to vaccine administration
(“SIRVA”), a defined Table injury, or in the alternative a caused-in-fact injury, after
receiving the influenza (“flu”) vaccine on September 25, 2019. Amended Petition at 1, ¶¶
1, 9; Stipulation, filed Aug. 1, 2023, ¶¶ 1-2, 4. Petitioner further alleges that she suffered
the residual effects of her injury for more than six months and that neither she nor any
other individual has filed received compensation for her alleged vaccine-related injury.
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 1:21-vv-00243-UNJ Document 38 Filed 09/05/23 Page 2 of 7
Petition at ¶¶ 8, 10; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained
a SIRVA Table injury; denies that [P]etitioner’s alleged shoulder injury was caused-in-fact
by the flu vaccine; and denies that the flu vaccine caused [P]etitioner any other injury or
her current condition.” Stipulation at ¶ 6.
Nevertheless, on August 1, 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 $25,000.00 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 1:21-vv-00243-UNJ Document 38 Filed 09/05/23 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KATHRYN RIKARD, )
)
Petitioner, )
) No. 21-243V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
______Res_pon_de_nt. _______ )
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Kathryn Rikard, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 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. § I 00.3(a).
2. Petitioner received the flu vaccine on September 25, 2019. The vaccine
administration records indicate the vaccine was administered in the left arm.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered a left Shoulder Injury. Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, and further alleges that
she experienced the residual effects of her 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 1:21-vv-00243-UNJ Document 38 Filed 09/05/23 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury, denies that
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner 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 tenns ofthis Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U .S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$25,000.00 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-1 S(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 I (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-1 S(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 1:21-vv-00243-UNJ Document 38 Filed 09/05/23 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 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 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 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 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 25, 2019,
as alleged by petitioner in a petition for vaccine compensation filed on or about January 7, 2021,
in the United States Court of Federal Claims as petition No. 21-243V.
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.
3

Case 1:21-vv-00243-UNJ Document 38 Filed 09/05/23 Page 6 of 7
15. If the special master fails to issue a decision in complete confom,ity 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 confonnity 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 funher 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 shoulder
injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00243-UNJ Document 38 Filed 09/05/23 Page 7 of 7
Respectfully submitted.
PETITIONER:
A1TORNEYOFRECORDFOR AUTBORIZE.D REPRESENTATIVE
OF THE AITORNEY GENERAL;
p~ ~ I:
-~ 01 ~
LEAH V. DURANT, ESQ. ~ MAN
Law Offices of. Leah V. Durant, PLLC Deputy Director
1717 K Street NW, Suite 900 Tons Branch
Washington, DC 1.0006 Civil Division
Tel: (202) 775-9200 U.S. Depanmmt of Justice
P.O. Box.146
Benjamin Franklin Station
WashingtOn, DC 20044-0146
AUTHORIZED REPRESENTATIVE AITORNEYOFRECORDFOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
HenryP. ~-..._.,.
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Mcmlllan -S3 1 ~ lJJlMWW
b" I . 1tt.»
CDR GEORGE REED GRIMES, MD, MPH EMILIE F. WILLIAMS
Director, Division oflajury Trial Attorney
Compemation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administra1lon P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human setvices Washington, DC 20044-0146
5600 Fishers Lane, 08Nl 46B Tel: (202) 305..0124
Rockville, MD 20857 &wl: Emilie.wllllams@usdoj.gov
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