VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00878
Package ID: USCOURTS-cofc-1_22-vv-00878
Petitioner: Lisa Riley
Filed: 2022-08-10
Decided: 2024-09-06
Vaccine: influenza
Vaccination date: 2019-11-15
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 22500

AI-assisted case summary:
Lisa Riley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 15, 2019. She further alleged that she experienced the residual effects of this injury for more than six months. Respondent denied that Ms. Riley sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that the flu vaccine caused her current condition. Despite these denials, 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. Ms. Riley was awarded a lump sum of $22,500.00, representing compensation for all items of damages available under the Vaccine Act. This amount covers all damages, and the parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00878-0
Date issued/filed: 2024-09-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/06/2024) regarding 37 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00878-UNJ Document 41 Filed 09/06/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0878V
LISA RILEY,
Chief Special Master Corcoran
Petitioner,
v. Filed: August 6, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 10, 2022, Lisa Riley 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”) as a result of an influenza (“flu”) vaccine she received on
November 15, 2019. Petition at 1; Stipulation, filed at August 6, 2024, ¶¶ 1-4. Petitioner
further alleges that she experienced the residual effects of tis injury for more than six
months. Petition at 6-7; Stipulation at ¶4. “Respondent denies that petitioner sustained a
SIRVA Table injury; denies that the vaccine caused petitioner alleged right shoulder injury
or any other injury; and denies that the flu vaccine caused her current condition.”
Stipulation at ¶ 6.
Nevertheless, on August 6, 2024, 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 1:22-vv-00878-UNJ Document 41 Filed 09/06/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $22,500.00, 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 1:22-vv-00878-UNJ Document 41 Filed 09/06/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LISA RILEY, )
)
Petitioner, )
) No. 22-878V
v. ) Chief Special Master Corcoran
) ECF
SECRETA RY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Lisa Riley ("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 oft he
influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F. R. § 100.3(a ).
2. Petitioner received the flu vaccine on or about November 15, 2019.
3. The vaccine was administered in the United States.
4. Petitioner alleges that she suffered from a right shoulder injury related to vaccine
administration ("SIRVA'') within the time period set forth in the Table following administration
of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu
vaccine. Petitioner further alleges that she experienced 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 as a result of her alleged condition.

Case 1:22-vv-00878-UNJ Document 41 Filed 09/06/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner alleged right shoulder injury or any other injury; and denies that the flu
vaccine caused her current condition.
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 ohhis 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 Hwnan Services will issue
the following vaccine compensation payment:
A lump sum of $22,500.00 in the fonn 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-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 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 (other than Title XIX oft he Social Security Act (42 U.S.C.
§ 1396 et seq.)), or entities that provide health services on a prepaid basis.
2

Case 1:22-vv-00878-UNJ Document 41 Filed 09/06/24 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 attorneys' fees and litigation costs, and past unreimbursed 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-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, 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-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 or
about November 15, 2019, as alleged by petitioner in a petition for vaccine compensation filed
on or about August 10, 2022, in the United States Court of Federal Claims as petition No. 22-
878V.
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.
3

Case 1:22-vv-00878-UNJ Document 41 Filed 09/06/24 Page 6 of 7
15. Ifthe special master fails to issue a decision in complete conformity with the tenns of
this Stipulation or ift he 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 oft he 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 right shoulder
injury, any other injury, or her current condition, 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 1:22-vv-00878-UNJ Document 41 Filed 09/06/24 Page 7 of 7
Respectfully submiucd.
PETITIONER:
';}1W,.-u/Jh7
LISA RILEY
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIO~ER: OF THE ATTOR~EY GE~ERAL:
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.,. ~\JL.Be
. 4Jcl ~
BRYNNA GANG HEATHER L. PEARLMAN
KRAUS LAW GROUP Deputy Director
11 I W. Jackson Blvd. Ste. 1700 Torts Branch
Chicago. Illinois 60604 Civil Division
Tel: (312) 858-2177 U.S. Department or Justice
Emai 1: bgang@krauslawycrs.com P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
,
AUTHORIZED RKPRESli:NTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEALT H RESPONDENT:
A~D HUMA~ SERVICES:
Jeffrey $.
Digitally signed by
Jeffrey S. Beach -5
B h S Date: 2024.07.25
ea
C -: 11 :55:40 -04•00' tor
CAPT GEORGE REED GRIMES. MD. MPH
Director. Division of Injury Trial Atlom Y.
Compensation Programs Torts Branen~ iv" IVISIOll
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Ben Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 451-7479
5600 Fishers Lane. 08W-25A Email: Austin.J.Egan@usdoj.gov
Rockville. MD 20857
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Dated
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