VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00319
Package ID: USCOURTS-cofc-1_21-vv-00319
Petitioner: Amanda Gefter
Filed: 2021-01-08
Decided: 2024-04-09
Vaccine: influenza
Vaccination date: 2019-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 43000

AI-assisted case summary:
Amanda Gefter filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 30, 2019. Ms. Gefter claimed that the injury was a Table injury and that she experienced residual effects for more than six months. The respondent denied that Ms. Gefter sustained a SIRVA Table injury or that the vaccine caused her injury. Despite these differing positions, the parties filed a joint stipulation on February 26, 2024, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Ms. Gefter was awarded a lump sum of $43,000.00, payable to her. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on April 9, 2024. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The specific mechanism of injury is not detailed in the public decision.

Theory of causation field:
Petitioner Amanda Gefter filed a petition on January 8, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 30, 2019. Petitioner alleged this was a Table injury with residual effects lasting over six months. Respondent denied a SIRVA Table injury or that the vaccine caused the alleged injury. The parties filed a joint stipulation on February 26, 2024, agreeing to settle. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $43,000.00 to Petitioner. This award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not name specific medical experts or detail the mechanism of injury, but the alleged condition falls under the Vaccine Injury Table. Petitioner was represented by Ronald Craig Homer, and Respondent by Alexa Roggenkamp. The decision date was April 9, 2024.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00319-0
Date issued/filed: 2024-04-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/01/2024) regarding 47 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00319-UNJ Document 51 Filed 04/09/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-319V
AMANDA GEFTER, Chief Special Master Corcoran
Petitioner, Filed: March 1, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Amanda Gefter filed a petition2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) after receiving an influenza (“flu”) vaccination she received on
September 30, 2019. Petition at 1. Petitioner further alleges that the vaccine was
administered within the United States, she suffered the residual effects of her injury for
more than six months, and no lawsuits have been filed or settlements or awards accepted
by anyone for her vaccine-related injury. Amended Petition at 7; Stipulation at ¶¶ 3-5.
“Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the
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 Petitioner filed an amended petition on .
3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00319-UNJ Document 51 Filed 04/09/24 Page 2 of 7
vaccine caused [P]etitioner’s alleged right 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 February 26, 2024, 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 $43,000.00 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.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.
2

Case 1:21-vv-00319-UNJ Document 51 Filed 04/09/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AMANDA GEFTER,
Petitioner, No. 21-319V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
l. Amanda Gefter ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury 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 is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on September 30, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a right shoulder injury related to vaccination
administration ("SIRVA") within the time period set forth in the Table following administration
of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu
vaccine. She further alleges that she experienced the residual effects of this alleged injury for
more than six months.

Case 1:21-vv-00319-UNJ Document 51 Filed 04/09/24 Page 4 of 7
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 injury or condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged right 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $43,000.00 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 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-2l(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.
l 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-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
2

Case 1:21-vv-00319-UNJ Document 51 Filed 04/09/24 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-l 5(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-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 30, 2019,
as alleged by petitioner in a petition for vaccine compensation filed on or about January 8, 2021,
in the United States Court of Federal Claims as petition No. 21-319V.
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Case 1:21-vv-00319-UNJ Document 51 Filed 04/09/24 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 tenns 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 SIRVA
injury or any other injury or her current condition, or that petitioner suffered 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
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Case 1:21-vv-00319-UNJ Document 51 Filed 04/09/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
A ~
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNF:Y GENERAL:
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RONALD C. HOM R /!J.d,,fJ./{t){~) HEATHER L. PEARLMAN ~
Counsel for the Petitioner Deputy Director
Conway Homer, P.C. Torts Branch
16 Shawmut Street Civil Division
Boston, MA 02116 U.S. Department of Justice
Phone: (6 17) 695-1990 P.O. Box 146
Fax: (617) 695-0880 Benjamin Franklin Station
Email: rhomer@ccandh.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE AT IORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SE)RiV ICES:
George R.
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CDR GEORGE REED GR1MES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A 202-616-4179
Rockville, MD 20857 alexa.roggenkamp@usdoj.gov
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Dated: 1.~'Z.~
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