VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00663
Package ID: USCOURTS-cofc-1_21-vv-00663
Petitioner: Mary Alsup
Filed: 2021-01-12
Decided: 2024-01-03
Vaccine: influenza
Vaccination date: 2019-10-10
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Mary Alsup filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination received on October 10, 2019, and that her symptoms persisted for longer than six months. The respondent denied that the onset of Ms. Alsup's alleged SIRVA occurred within the timeframe specified in the Vaccine Injury Table, denied that the influenza vaccine caused her shoulder injury or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 30, 2023, agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. Pursuant to the stipulation, Ms. Alsup was awarded a lump sum of $45,000.00, payable by check, as compensation for all damages. This award represents a negotiated settlement of liability and damages claimed under the Vaccine Act. The decision was issued on January 3, 2024. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, or treatments received.

Theory of causation field:
Petitioner Mary Alsup alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 10, 2019, with symptoms persisting for over six months. Respondent denied SIRVA onset within the Table timeframe, causation by the flu vaccine, and that current disabilities were a sequela of a vaccine-related injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $45,000.00 as compensation for all damages. The decision was issued on January 3, 2024. The public text indicates the case falls under the "Table" category for SIRVA, but does not detail the specific mechanism, expert testimony, or clinical evidence considered, as the case was resolved via stipulation. Petitioner counsel was Leigh Finfer, and respondent counsel was Mallori Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00663-0
Date issued/filed: 2024-01-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/01/2023) regarding 36 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00663-UNJ Document 40 Filed 01/03/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0663V
MARY ALSUP, Chief Special Master Corcoran
Petitioner, Filed: December 1, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Mary Alsup 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 alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza vaccination she received on October 10,
2019. Petition at 1; Stipulation, filed at November 30, 2023, ¶¶ 2, 4. Petitioner further
alleges that her vaccine-related symptoms persisted for longer than six months. Petition
at ¶ 9; Stipulation at ¶ 4. Respondent denies “denies that Petitioner suffered the onset of
her alleged SIRVA within the Table timeframe; denies that the flu vaccine caused
Petitioner’s shoulder injury or any other injury and further denies that her current
disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on November 30, 2023, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find 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 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-00663-UNJ Document 40 Filed 01/03/24 Page 2 of 7
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 $45,000.00 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-00663-UNJ Document 40 Filed 01/03/24 Page 3 of 7
Vinesign Document ID: 25F7F2D7-2B2E-4E68-803E-155E1188D565
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY ALSUP,
Petitioner, No. 21-663V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Mary Alsup, 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 the influenza
("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §
100.3 (a).
2. Petitioner received a flu vaccine on or about October 10, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") as a consequence of the flu immunization she received on or about October 10, 2019,
and further alleges that she suffered the residual effects of this 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.
Page I of 5
The signed document can be validated at https://app.vinesign.comNerify

Case 1:21-vv-00663-UNJ Document 40 Filed 01/03/24 Page 4 of 7
6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the
Table timeframe; denies that the flu vaccine caused petitioner's alleged shoulder injury or any
other injury and further denies that her current disabilities are a sequel a 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-21(a)(1 ), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lump sum of $45,000.00, in the form of a check payable to petitioner,
representing 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-21(a)(1), 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 they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State
health benefits programs (o ther than Title XIX of the Social Security Act (4 2 U. S.C. § I 396 et
seq.)), or entities that provide health services on a prepaid basis.
Page 2 of 5

Case 1:21-vv-00663-UNJ Document 40 Filed 01/03/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 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 attorney's 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-15(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, and 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
United States Court of Federal Claims, under the National Vaccine Injury Compensation Program,
42 U.S.C. § 300aa-l0 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 or about October 10, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 12, 2021 in
the United States Court of Federal Claims as petition No. 21-663V.
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.
Page 3 of 5

Case 1:21-vv-00663-UNJ Document 40 Filed 01/03/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms of
this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity 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 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 shoulder
injury or any other injury or any of her current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page 4 of 5

Case 1:21-vv-00663-UNJ Document 40 Filed 01/03/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
MARY ALSUP
ATIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
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HEATHER L. PEARLMAN
MULLER BRAZIL LLP Deputy Director
715 Twining Road Torts Branch
Suite 107 Civil Division
Dresher, PA 19025 U. S. Department of Justice
(215) 885-1655 P.O.Boxl46
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
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Henry P O!gltaRyslgnedbyHen,y
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CDR GEORGE REED GRIMES, MD, MPH MALL B. OPENCHOWSKI
Director, Division oflnjury Trial 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, D.C. 20044-0146
and Human Services Tel: (202) 305-0660
5600 Fishers Lane, 08W-25A mallori.b.openchowski@usdoj.gov
Rockville. MD 20857
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Dated: I I
Page 5 of 5