VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01731 Package ID: USCOURTS-cofc-1_22-vv-01731 Petitioner: Scarlet Gardner Filed: 2024-04-08 Decided: 2025-07-22 Vaccine: influenza Vaccination date: 2019-11-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: On April 8, 2024, Scarlet Gardner filed a petition alleging that an influenza vaccine administered on November 25, 2019 caused a shoulder injury related to vaccine administration. Respondent denied that Ms. Gardner sustained a Table SIRVA, denied vaccine causation, and denied vaccine-related sequelae. The public stipulation does not describe the first symptom, treatment visits, imaging, injections, therapy, or residual limitations. The parties resolved the case by joint stipulation. On July 22, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Ms. Gardner $55,000.00 as a lump sum through counsel's IOLTA account. Theory of causation field: Influenza vaccine November 25, 2019 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Award $55,000 lump sum. Chief SM Brian H. Corcoran; petition April 8, 2024; decision July 22, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01731-0 Date issued/filed: 2025-08-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/22/2025) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01731-UNJ Document 40 Filed 08/21/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1731V SHARON RAMBO, Chief Special Master Corcoran Petitioner, Filed: July 22, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel J. Smith, Smith & Smith, Forth Worth, TX for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 8, 2024, Scarlet Gardner 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”) caused by an influenza (“flu”) vaccine administered on November 25, 2019. Petition at 1; Stipulation, filed at July 16, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of his injury. Petition at 1-2; Stipulation at ¶¶ 1-5. 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. 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-01731-UNJ Document 40 Filed 08/21/25 Page 2 of 7 Nevertheless, on July 16, 2025, 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 $55,000.00, 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 Case 1:22-vv-01731-UNJ Document 40 Filed 08/21/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFf'ICE OF SPECIAL MASTERS SHARON RAMBO. Petitioner, No. 22-1731 V (ECF) v. Chief Special Master Corcoran SECRET ARY OF HEALTH AND HUMAN SERVICES, J Respondent. --------- STIPULATION The parties hereby stipulate to the following matters: 1. Sharon Rambo. petitioner, (iled a petiti,m for vaccine cornpcm,ation under the National Vaccine Injury Compensation Prngram, 42 U.S.C. §§ 300aa-l 0 t.!f .1·eq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received an influen,a vaccine on November 25, 2019, in the right arm. 3. The vaccination was administered within the United States. 4. Petitioner alicgcs that petitioner sustained a shoulder injmy rdatcd to vaccine administration ('·SIRVA'') as set forth in ihe Table. or. in the alternative. that petitioner's alleged shoulder injury was caused by the, accine. Petitioner further alleges that petitioner experienced the residual effects of this condition for more 1han six months. 5. Petitioner represents that there has been no prior award or settlement of <1 ci\·il action for damages on pctitioner·s behalf as a i"e!-ult or petition~r·s condition. Case 1:22-vv-01731-UNJ Document 40 Filed 08/21/25 Page 4 of 7 6. Respondent denies that pditioner sustained a SlRVA 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. 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. the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)()), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $55,000.00 payable to petitioner. to be paid through an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner. This amount represent~ compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(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 petition. l 0. Petitioner and petitioner's 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 rea~onably be expected to be made under any State wmpensation programs, insurance policies. 2 Case 1:22-vv-01731-UNJ Document 40 Filed 08/21/25 Page 5 of 7 Federal or State health benefits progtarns ( other than Ti tie XIX of the Social Security Act (42 U.S.C. § 1396 ct seq.)), or by entities that pn)\idc health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance ,:vith 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 pursuant to this Stipulation will be used solely for petitioner's benefit 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 petitioner's indiYidual capacity, and on behalf of petitioner's 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 Vaccine Program, 42 U.S.C. suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the inil uenza vaccination administered on November 25, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about November 22, 2022, in the United States Court of Federal Claims as petition No. 22-1731 V. 3 Case 1:22-vv-01731-UNJ Document 40 Filed 08/21/25 Page 6 of 7 14. lf petitioner should die prior to ~n1ry o(jud:~.mi:nt, this agreement shall be voidable upon proper notice to the Court on behalf of either or hoth of the parties. 15. lfthe special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Com1 of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity ,vith the tenns of this Stipulation. then the patties' settlement and this Stipulation shall be voidable at the sole discretion of either party. damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as othenvise noted in paragraph 9 above. There is absolutely no agreement on the pa11 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 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 Service that the influenza vaccine caused petitioner's alleged injury or any olher injury or petitioner's current disabilities, or that petitioner sufiered an i1~jury c:imtainr.cl in the Vaccine ln_i':.1ry Tdbl;. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION Case 1:22-vv-01731-UNJ Document 40 Filed 08/21/25 Page 7 of 7 Respectfully subrniHed. PETITIONER: M ~ K ~ SHARON RAMBO ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITJONER: OJ• THE ATTORNEY GE:'JERAL: ~~ HEATHER L. PEARLMAN Smith & Smi Deputy Director P 0. Box 121175 To11s Branch Fort Worth, TX 76121 CiYil Divbion (817) 877-5750 U.S. Department of Justice dsmith(~smithsmith-law .com P.O. Box 146 Benjami11 Franklin Station Wa!:>hinglon, DC 20044-0146 AUTHORIZED REPRES'ENTATl\'E ATTORNEY OF RECORD FOR OF THt: SECRETARY OF HEAL.TH HESJ>ONDJ<:NT: AND HUMAN SERVICES: J e f fr ey S• Digitally signed by Jeffrey S. Beach ·S _cl_~~ -fu~ Be ac h -S.. Date: 2025.05.08 1,S.:12A1:04'Q.Q' for CAPT GEORGE REED GRJMES, MD, MPH NASEEM KOUROSH Director, Division oflnjury Trial Attorney Compcmation Programs Torts Branch H~alth Systems Bureau Ci"il Divisi,,n f-Icu:th Rr:: ,tt1·cc~. ~;1d S,:i, ic 1~:) Administration P.O. Box: J46 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 fishers Lane. 08W-25A (202) 305-1159 Rockville, MD 20857 Naseem.Kourosh@usdoj.gov 5 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01731-cl-extra-11124784 Date issued/filed: 2025-08-21 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10658197 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1731V SHARON RAMBO, Chief Special Master Corcoran Petitioner, Filed: July 22, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel J. Smith, Smith & Smith, Forth Worth, TX for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On April 8, 2024, Scarlet Gardner 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”) caused by an influenza (“flu”) vaccine administered on November 25, 2019. Petition at 1; Stipulation, filed at July 16, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of his injury. Petition at 1-2; Stipulation at ¶¶ 1-5. 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. 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). Nevertheless, on July 16, 2025, 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 $55,000.00, 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFf'ICE OF SPECIAL MASTERS SHARON RAMBO. Petitioner, No. 22-1731 V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, J Respondent. --------- STIPULATION The parties hereby stipulate to the following matters: 1. Sharon Rambo. petitioner, (iled a petiti,m for vaccine cornpcm,ation under the National Vaccine Injury Compensation Prngram, 42 U.S.C. §§ 300aa-l 0 t.!f .1·eq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received an influen,a vaccine on November 25, 2019, in the right arm. 3. The vaccination was administered with in the Un ited States. 4. Petitioner alicgcs that petitioner sustained a shoulder injmy rdatcd to vaccine administration ('·SIRVA'') as set forth in ihe Table. or. in the alternative. that petitioner's alleged shoulder injury was caused by the, accine. Petitioner further alleges that petitioner experienced the residual effects of this condition for more 1han six months. 5. Petitioner represents that there has been no prior award or settlement of <1 ci\·il action for damages on pctitioner·s behalf as a i"e!-ult or petition~r ·s condition. 6. Respondent denies that pditioner sustained a SlRVA 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. 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. the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)()), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $55,000.00 payable to petitioner. to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represent~ compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(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 petition. l 0. Petitioner and petitioner's 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 rea~onably be expected to be made under any State wmpensation programs, insurance policies. 2 Federal or State health benefits progtarns (other than Ti tie XIX of the Social Security Act (42 U.S.C. § 1396 ct seq.)), or by entities that pn)\idc health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance ,:vith 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 pursuant to this Stipulation will be used solely for petitioner's benefit 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 petitioner's indiYidual capacity, and on behalf of petitioner's 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 Vaccine Program, 42 U.S.C. suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the inil uenza vaccination administered on November 25, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about November 22, 2022, in the United States Court of Federal Claims as petition No. 22- 1731 V. 3 14. lf petitioner should die prior to ~n1ry o(jud:~.mi:nt, this agreement shall be voidable upon proper notice to the Court on behalf of either or hoth of the parties. 15. lfthe special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Com1 of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity ,vith the tenns of this Stipulation. then the patties' settlement and this Stipulation shall be voidable at the sole discretion of either party. damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as othenvise noted in paragraph 9 above. There is absolutely no agreement on the pa11 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 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 Service that the influenza vaccine caused petitioner's alleged injury or any olher injury or petitioner's current disabilities, or that petitioner sufiered an i1~jury c:imtainr.cl in the Vaccine ln_i':.1ry Tdbl;. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION Respectfully subrniHed. PETITIONER: M~K~ SHARON RAMBO ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITJONER: OJ• THE ATTORNEY GE:'JERAL: ~~ HEATHER L. PEARLMAN Smith & Smi Deputy Director P 0. Box 121175 To11s Branch Fort Worth, TX 76121 CiYil Divbion (817) 877-5750 U.S. Department of Justice dsmith(~smithsmith-law .com P.O. Box 146 Benjami11 Franklin Station Wa!:>hinglon , DC 20044-0146 AUTHORIZED REPRES'ENTATl\'E ATTORNEY OF RECORD FOR OF THt: SECRETARY OF HEAL.TH HESJ>ONDJ<:NT: AND HUMAN SERVICES: Digitally signed by Jeffrey S• Jeffrey S. Beach ·S Beac h -S.. Date: 2025.05.08 1,S.:12A1:04'Q.Q' CAPT GEORGE REED GRJMES, MD, MPH for _c l_~~ -fu~ NASEEM KOUROSH Director, Division oflnjury Trial Attorney Compcmation Programs Torts Branch H~alth Systems Bureau Ci"il Divisi,,n f-Icu:th Rr:: ,tt1·cc~. ~ ;1d S,:i, ic 1~ :) Administration P.O. Box: J46 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 fishers Lane. 08W-25A (202) 305-1159 Rockville, MD 20857 Naseem.Kourosh@usdoj.gov 5