VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00548
Package ID: USCOURTS-cofc-1_21-vv-00548
Petitioner: Deborah Shears
Filed: 2021-01-11
Decided: 2023-10-20
Vaccine: influenza
Vaccination date: 2020-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Deborah Shears filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left arm on September 29, 2020. Ms. Shears further alleged that she experienced residual effects of this condition for more than six months. The respondent denied that Ms. Shears sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these differing positions, the parties filed a joint stipulation on September 19, 2023, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Ms. Shears a lump sum of $70,000.00 as compensation for all damages available under the program. This amount represents a negotiated settlement of liability and damages. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by James Vincent Lopez of the U.S. Department of Justice.

Theory of causation field:
Petitioner Deborah Shears received an influenza vaccine on September 29, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $70,000.00. The stipulation states that the award represents a compromise of the parties' respective positions as to liability and/or amount of damages and is not an admission by the respondent that the vaccine caused the alleged injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Bridget Candace McCullough, and respondent was represented by James Vincent Lopez.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00548-0
Date issued/filed: 2023-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/19/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00548-UNJ Document 40 Filed 10/20/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-548V
DEBORAH SHEARS, Chief Special Master Corcoran
Petitioner,
v. Filed: September 19, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021, Deborah Shears 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 received an influenza (“flu”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), in her left arm on
September 29, 2020. Petitioner alleges that she sustained a shoulder injury related to
vaccine administration (“SIRVA”) within the time period set forth in the Table. She further
alleges that she experienced the residual effects of this condition for more than six
months.
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the
flu 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.
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 (2012).

Case 1:21-vv-00548-UNJ Document 40 Filed 10/20/23 Page 2 of 7
Nevertheless, on September 19, 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 $70,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all items of damages that would be available
under Section 15(a). Stipulation at ¶ 8.
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-00548-UNJ Document 40 Filed 10/20/23 Page 3 of 7
IN THE UNITED STAT ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEBORAH SHEARS,
Petitioner, No. 21-548V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALT H AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I . Deborah Shears ("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 seeb compensation for injuries allegedly related to petitioner's receipt
of the influema (. .f lu") vaccine, which is contained in the Vaccine Injury Table (the ..T able"), 42
C.F.R § 100.3(a)
2. Petitioner received the flu vaccine on September 29, 2020, in her left ann.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table. She further alleges that she experienced
the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement ofa civil action
for damages on her behalf as a result ofh er alleged injwy.

Case 1:21-vv-00548-UNJ Document 40 Filed 10/20/23 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequels ofa 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 oft his Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary ofH ealth and Human Services will issue
the following vaccine compensation payment:
A lump sum of $70,000.00 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-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-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.
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
State health benefits programs (other than Title XIX oft he Social Secmity 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-00548-UNJ Document 40 Filed 10/20/23 Page 5 of 7
11. Payment made pursuant to paragraph 8 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 ofs ufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and Jitigation 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 (b).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf ofh er heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally releue, 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
ofw hatever kind or nature) that have been brought, could have been brought, or could be timeJy
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 unsuspect.ed personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on September 29, 2020,
as alleged in a petition for vaccine compensation filed on or about January 11, 2021, in the
United States Court of Federal Claims as petition No. 21-548¥.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf ofe ither or both of the parties.
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Case 1:21-vv-00548-UNJ Document 40 Filed 10/20/23 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns
oft his Stipulation or ift he Court ofF ederal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the terms oft his 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 ag,eed 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 oft he 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 HlD1180 Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, 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
4

Case 1:21-vv-00548-UNJ Document 40 Filed 10/20/23 Page 7 of 7
Respectfully submitted.
PE'tD'lONER:
~.k-d-JJ
~t,O,J
DEBORAH SHEARS
ATI'ORNEY OF UCORD FOR AUfflORIZED REPRSENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
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HEArnER. L. PEARLMAN
Muller Brazill.LP Deputy Director
715 Twining Road. Suire 208 Torts Branch
Dresher. PA 19025 Civil Division
Tel: (215) 885-L655 U.S. Department of Justice
Email: hridget@mullerbrnzil.com P.O. Box 146
Benjamin Franklin Station
Washington. DC 20()44..0146
AUTHORIZED REPRESENTATIVE ATrORNEYOFRECORDFOR
OF THE SECRETARY OF HEALffl RF.SPONDENT:
AND BUMAN SERVICES:
~~Z:i!'.~
Henry P.
~~:,=
by Mcmillan -53 2
CDR GEORGE REED GRIMF.S. MD. MPH
Director. Division of Injury ri ;i\ttom
Compensation Programs rts B c
Health Sy~ems Bu~au .S. Dc•r'IM'i-nt of Ju!!ltice
Health Resource.~ and Services P.O. Bol{.146
Administration Benjamin Franklin Station
U.S. Department of Health Washington. DC 20044-0146
and Human Service.41 Tel: (202) 616-36SS
~600 fi~he~ Lane. 08N I 46B Email: jame.~.lopez@usd~j.gov
Rockville. MD 20857
_d-::>_
Dated; - ~,.........;\...._._\_ _'_\\
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