VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00591
Package ID: USCOURTS-cofc-1_22-vv-00591
Petitioner: Mary Conklin
Filed: 2022-05-31
Decided: 2024-05-15
Vaccine: influenza
Vaccination date: 2021-09-23
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Mary Conklin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 23, 2021. She further alleged that she experienced residual effects of this injury for more than six months. Respondent denied that Petitioner sustained injuries resulting from adverse effects of a vaccination, including SIRVA, and denied that the flu vaccine caused her alleged SIRVA or any other injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Mary Conklin was awarded a lump sum of $65,000.00 as compensation for all items of damages available under Section 15(a). The flu vaccine is listed on the Vaccine Injury Table, and the parties agreed to settle the case, with the award reflecting a compromise of their respective positions on liability and damages. The stipulation also addressed attorneys' fees and costs, and the release of claims by the petitioner.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00591-0
Date issued/filed: 2024-05-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/12/2024) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00591-UNJ Document 47 Filed 05/15/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0591V
MARY CONKLIN, Chief Special Master Corcoran
Petitioner, Filed: April 12, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 31, 2022, Mary Conklin 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 September
23, 2021. Petition at ¶¶ 1, 27; Stipulation, filed at April 11, 2024, ¶¶ 2, 4. Petitioner further
alleges that she has suffered the residual effects of her vaccine-related injury for more
than six months. Petition at ¶¶ 26; Stipulation at ¶¶ 4. “Respondent denies that Petitioner
sustained injuries resulting from adverse effects of a vaccination or vaccinations,
including SIRVA; denies that the flu vaccine caused Petitioner’s alleged SIRVA, or any
other injury; and denies that her current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
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 1:22-vv-00591-UNJ Document 47 Filed 05/15/24 Page 2 of 7
Nevertheless, on April 11, 2024, the parties filed the attached joint stipulation, 3
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 $65,000.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The filed Stipulation contained an AssureSign verification page, which has been removed from the
attachment to protect the confidential information of the signers.
4 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

C ase 1:22-vv-00591-UNJ Document 47 Filed 05/15/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY CONKLIN,
Petitioner,
No. 22-591V
v. Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Mary Conklin, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine
Program"). The petition eeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3 (a).
2. Petitioner received a flu vaccine in her right deltoid on September 23, 2021.
3. The vaccine was administered within the United tate .
4. Petitioner alleges that she sustained "injuries resulting from adverse effects of a
vaccination or vaccinations" including a Shoulder Injury Related to Vaccine Administration
("SIRVA"). She alleges that her injury is causally related to an adverse reaction, or alternatively,
that her vaccination significantly aggravated her injury. She further alleges that she has
experienced the residual effects of this condition for more than six months.

C ase 1:22-vv-00591-UNJ Document 47 Filed 05/15/24 Page 4 of 7
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.
6. Respondent denies that petitioner sustained injuries resulting from adverse effects
of a vaccination or vaccination, including SIRVA; denies that the flu vaccine caused petitioner's
alleged SIRVA, 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 paities 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 ent1y of judgment reflecting a decision consistent
with the te1ms 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 $65,000.00 in the fotm 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)(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
2

C ase 1:22-vv-00591-UNJ Document 47 Filed 05/15/24 Page 5 of 7
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.
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 attomeys' fees, and litigation costs, 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 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-IO 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 a flu vaccine administered on September 23, 2021, as
alleged by petitioner in a petition for vaccine compensation filed on or about May 31, 2022, in
the United States Court of Federal Claims as petition No. 22-591 V.
3

C ase 1:22-vv-00591-UNJ Document 47 Filed 05/15/24 Page 6 of 7
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.
15. lfthe 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 conformity
with a decision that is in complete confonnity 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 lnju1y Act of I 986, 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 fu11her 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 cun-ent 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 STlPULA TION
I
I
I
I
4

Case 1:22-vv-00591-UNJ Document 47 Filed 05/15/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
MARY CONKLIN
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
�I\.J � S
o�WwJt '��\L��
JOSEPH A. VUCKOICH HEATHER L. PEARLMAN
MAGLIO CHRISTOPHER & TOALE Deputy Director
1015 15th St. NW, Suite 1125 Civil Division
Washington, D.C. 20005 U.S. Department of Justice
(888) 952-5242 P.O. Box 146
ivuckovich@mctlaw.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY
OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by Jeffrey
5.Beach -5
Bea Ch -5 Date: 2024.03.28 1 s:1 7:07
.04•00' for
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of lnj ury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 305-3774
Rockville, MD 20857 katherine.esposito@usdoj.gov
'1
1. Y-
Dated: l l
5