VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00110
Package ID: USCOURTS-cofc-1_23-vv-00110
Petitioner: Jennifer Miller
Filed: 2023-01-26
Decided: 2024-05-14
Vaccine: influenza
Vaccination date: 2021-11-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Jennifer Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2023, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 26, 2021. The influenza vaccine is listed on the Vaccine Injury Table, and Ms. Miller alleged that she experienced residual effects of the SIRVA for more than six months. Respondent denied that Ms. Miller sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Despite these denials, the parties filed a joint stipulation on May 14, 2024, agreeing to settle the case. Chief Special Master Corcoran found the stipulation reasonable and adopted it as her decision. Ms. Miller was awarded a lump sum of $20,000.00 as compensation for all damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. This stipulation represents a full and complete negotiated settlement of liability and damages, releasing the United States from further claims related to this specific vaccination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00110-0
Date issued/filed: 2024-06-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/14/2024) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00110-UNJ Document 27 Filed 06/14/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0110V
JENNIFER MILLER, Chief Special Master Corcoran
Petitioner,
v. Filed: May 14, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 26, 2023, Jennifer Miller 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 26, 2021, 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 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 1:23-vv-00110-UNJ Document 27 Filed 06/14/24 Page 2 of 7
Nevertheless, on May 14, 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 $20,000.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 In attaching the parties’ joint stipulation, I have omitted the last page – a Vinesign form that includes
personal information regarding Petitioner.
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

Case 1:23-vv-00110-UNJ Document 27 Filed 06/14/24 Page 3 of 7
Vinesign Document ID: 54094F76-D6C 1-44AD-9854-184669328012
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JENNIFER MILLER. )
)
Petitioner, )
) No. 23-1 t0V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
_________________
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Jennifer Miller ("petitioner''), fiJed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa•l0 to 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. § 100.3(a)
2. Petitioner received a flu vaccine on November 26, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alJeges 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 as a result of her condition.
1
The signed document can be validated at https://app.vinesign.comNerify

Case 1:23-vv-00110-UNJ Document 27 Filed 06/14/24 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 sequelae 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-21 (a)(I ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $20,000.00, 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 ofj udgment 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-21 (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.
I 0. 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 of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
2

Case 1:23-vv-00110-UNJ Document 27 Filed 06/14/24 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-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 unreirnbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of4 2 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 behalfo f 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 or about November
26, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about
January 26, 2023, in the United States Court of Federal Claims as petition No. 23-11 OV.
14. ff 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 1:23-vv-00110-UNJ Document 27 Filed 06/14/24 Page 6 of 7
15. If the special master fails to issue a decision in complete confonnity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete confonnity 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 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 shoulder
injury or any other injury or her current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:23-vv-00110-UNJ Document 27 Filed 06/14/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
JENNIFER MILLER
AT IORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ f?,,,,,
.. ,-JN~¼ JM
.........
HEA TI-IER L. PEARLMAN
MULLER BRAZIL Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
pau l@m u llerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUIBORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALIB RESPONDENT:
AND HUMAN SERVICES:
George R.
Digitally signed by
George R. Grimes-S14
Grl·mes -S14
Date:2024.04.28
08:29:45 --04'00'
CDR GEORGE REED GRIMES, MD, MPH SARAH C. DUNCAN
Director, Division of Injury 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) 514-9729
Rockville, MD 20857 Sarah.C.Duncan@usdoj.gov