VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01967
Package ID: USCOURTS-cofc-1_21-vv-01967
Petitioner: Marilyn Odessky
Filed: 2021-10-06
Decided: 2026-03-18
Vaccine: influenza
Vaccination date: 2018-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 56000

AI-assisted case summary:
On October 6, 2021, Marilyn Odessky filed a petition alleging that an influenza vaccination administered on October 22, 2018 caused a shoulder injury related to vaccine administration. She alleged residual effects lasting more than six months.

Respondent denied that Ms. Odessky 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. The case resolved by stipulation, so the public record does not describe onset, treatment, imaging, therapy, injections, or expert opinions.

On March 18, 2026, Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $56,000.00 as a lump sum payable through counsel's IOLTA account for prompt disbursement to Ms. Odessky.

Theory of causation field:
Influenza vaccine on October 22, 2018, allegedly causing SIRVA; COMPENSATED by stipulation. Respondent denied Table injury, vaccine causation, and current sequelae. Public stipulation gives limited clinical detail. Award $56,000 lump sum. Chief SM Brian H. Corcoran; petition filed October 6, 2021; decision March 18, 2026.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01967-0
Date issued/filed: 2026-04-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/18/2026) regarding 105 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-01967-UNJ Document 109 Filed 04/21/26 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1967V
MARILYN ODESSKY, Chief Special Master Corcoran
Petitioner, Filed: March 18, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for Petitioner.
Julianna R. Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 6, 2021, Marilyn Odessky 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”) after receiving an influenza (“flu”) vaccination on October 22,
2018. Petition at 1; Stipulation, filed at March 16, 2026, ¶¶ 2-4. Petitioner further alleges
that she experienced the residual effects of this condition for more than six months.
Stipulation at ¶ 4. “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. ” Stipulation
at ¶ 6.
Nevertheless, on March 16, 2026, 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.
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-01967-UNJ Document 109 Filed 04/21/26 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $56,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement 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

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