VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00620
Package ID: USCOURTS-cofc-1_21-vv-00620
Petitioner: Ashleigh Ellis
Filed: 2021-01-12
Decided: 2025-07-17
Vaccine: influenza
Vaccination date: 2020-10-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Ashleigh Ellis filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2020. The petition stated that the flu vaccine caused her alleged shoulder injury and that she experienced residual effects for more than six months. The respondent denied that Ms. Ellis sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on June 17, 2025, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Ms. Ellis was awarded a lump sum of $30,000.00, to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the parties reached a settlement on both liability and damages. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent was represented by Madylan Yarc of the U.S. Department of Justice. The decision was issued on July 17, 2025.

Theory of causation field:
Petitioner Ashleigh Ellis received an influenza vaccine on October 17, 2020, and filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) as a Table injury, with residual effects lasting over six months. Respondent denied the SIRVA Table injury, causation, and sequela. The parties reached a joint stipulation for settlement, agreeing to an award of $30,000.00 for all damages under 42 U.S.C. § 300aa-15(a). This case was treated as a Table claim, and the stipulation reflects a compromise of liability and damages. Chief Special Master Brian H. Corcoran issued the decision on July 17, 2025, adopting the stipulation. Petitioner was represented by Jonathan Joseph Svitak, and respondent by Madylan Yarc. The public decision does not describe the specific medical onset, symptoms, diagnostic tests, treatments, expert witnesses, or the precise mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00620-0
Date issued/filed: 2025-07-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/17/2025) regarding 55 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:21-vv-00620-UNJ Document 59 Filed 07/17/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-620V
ASHLEIGH ELLIS, Chief Special Master Corcoran
Petitioner,
v. Filed: June 17, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Ashleigh Ellis filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On October 17, 2020, Petitioner received an influenza (“flu”) vaccine, a
vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(“SIRVA”) as defined in the Table; she further alleges that the flu vaccine caused her
alleged shoulder injury, and that she suffered the residual effects of her alleged injury for
more than six months.
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 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 (2018).

Case 1:21-vv-00620-UNJ Document 59 Filed 07/17/25 Page 2 of 7
Nevertheless, on June 17, 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 $30,000.00 to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
¶ 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-00620-UNJ Document 59 Filed 07/17/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ASHLEIGH ELLIS,
Petitioner, No. 21-620V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Ashleigh Ellis ("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 vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I00.3(a).
2. Petitioner received a flu vaccine on October 17, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SlRVA") 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.
S. 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.
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Case 1:21-vv-00620-UNJ Document 59 Filed 07/17/25 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 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 of judgment 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 ofHeahh and Human Services will issue
the following vaccine compensation payment:
A lump sum of $30,000.00 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 would be available under42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment 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~ 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
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Case 1:21-vv-00620-UNJ Document 59 Filed 07/17/25 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.
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 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 unreimbursable 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-l5(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 October 17, 2020, as
alleged in a petition for vaccine compensation filed on or about January 12, 2021, in the United
States Court of Federal Claims as petition No. 21-620V.
3
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Case 1:21-vv-00620-UNJ Document 59 Filed 07/17/25 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, 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 confonnity with a
decision that is in complete conformity 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 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 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
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Case 1:21-vv-00620-UNJ Document 59 Filed 07/17/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
~e~
ASHLEIGH ELLIS
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
.,Alfc;W..µ~Qee.u.JNlt'::----
. VIT HEATHER L. PEARLMAN
Shannon aw Group, P.C. Deputy Director
6825 Hobson Valley Drive Torts Branch, Civil Division
Suite 101 U.S. Department of Justice
Woodbridge, Illinois 60517 P.O. Box 146
(312) 578-9501 Benjamin Franklin Station
jsvitak@shannonlawgroup.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey $.
Digitally signed by
Jeffrey S. Beach •S
Be ac h -S Date: 2025.0S.28 for
14:42:19-04'00'
~ ,
CAPT GEORGE REED GRIMES, MD, MPH
Director, Division of Injury
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 (202) 742-6376
5600 Fishers Lane, 08W-25A madylan.1.yarc@usdoj.gov
Rockville, MD 20857
0~/17/ ~2.S
Dated:
s
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