VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00936
Package ID: USCOURTS-cofc-1_21-vv-00936
Petitioner: Katherine O’Brien
Filed: 2021-02-17
Decided: 2024-01-12
Vaccine: influenza
Vaccination date: 2020-11-06
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Katherine O’Brien filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 6, 2020. The flu vaccine is contained in the Vaccine Injury Table, and O’Brien alleged she experienced residual effects for more than six months. Respondent denied that O’Brien sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Despite these denials, the parties filed a joint stipulation on December 11, 2023, agreeing to settle the case and award compensation. Chief Special Master Corcoran adopted the stipulation, awarding O’Brien a lump sum of $30,000.00 for all items of damages available under the program. The decision notes that O’Brien's petition was filed on February 17, 2021, and the stipulation was approved on December 11, 2023, with the final decision and judgment entered on January 12, 2024. The parties agreed that this stipulation represents a full and complete negotiated settlement of liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00936-0
Date issued/filed: 2024-01-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/11/2023) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00936-UNJ Document 46 Filed 01/12/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0936V
KATHERINE O’BRIEN, Chief Special Master Corcoran
Petitioner,
v. Filed: December 11, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica E. Choper, Britcher Leone and Sergio, LLC, Glen Rock, NJ, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 17, 2021, Katherine O’Brien 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 November 6, 2020, Petitioner received an influenza (“flu”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration (“SIRVA”) within the time period set forth in the Table. Petitioner 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
vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that
Petitioner’s 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-00936-UNJ Document 46 Filed 01/12/24 Page 2 of 7
Nevertheless, on December 11, 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 $30,000.00 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-00936-UNJ Document 46 Filed 01/12/24 Page 3 of 7
IN THE UNITED STAT ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHERINE O'BRIEN,
Petitioner, No. 21-936V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALT H AND
HUMAN SERVICES,
Respondent
STIPULATION
The parties hereby s~ipulate to the following matters:
I. Katherine O'Brien ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-t Oto 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 a flu vaccine on November 6, 2020, in her left arm.
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 of a civil action
for damages on her behalf as a result of her alleged injury.

Case 1:21-vv-00936-UNJ Document 46 Filed 01/12/24 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 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 $30,000.00 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 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-2 l (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-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 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-00936-UNJ Document 46 Filed 01/12/24 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-l 5(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-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 November 6, 2020, as
alleged in a petition for vaccine compensation filed on or about February 17, 2021, in the United
States Court of Federal Claims as petition No. 2 l -936V.
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-00936-UNJ Document 46 Filed 01/12/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in confonnity 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 fur:ther, 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

Case 1:21-vv-00936-UNJ Document 46 Filed 01/12/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETffiONER: OF THE AITORNEY GENERAL:
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JESSICA E. CHOPER, ESQ. HEATHER L. PEARLMAN
BRITCHER LEONE & SERGIO, L.L.C. Deputy Director
175 Rock Road
Torts Branch
Glen Rock, N.J. 07452
Civil Division
(201) 444-1644 U.S. Department ofJ ustice
jessica@blsattomeys.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
He nry P• I Olgitally signed by
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by Mcml . 11 an _ , c ; : ' , " .c " ; l>lrr.2023.tt.()9
17:1S~.(15'00'
CDR GEORGE REED GRlMES, MD, MPH HA. WIS
Director, Division of Injury l Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services Administration U. S. Department of Justice
P.O. Box 146
U.S. Department ofHea]th and
Benjamin Franklin Station
Human Services
Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A
(202) 451-7495
Rockville, MD 20857
joseph.a. lewis@usdoj.gov
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Dated: ece• ~.. lf, ).. o .13
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