VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00248
Package ID: USCOURTS-cofc-1_23-vv-00248
Petitioner: Jennifer M. Cangas
Filed: 2023-02-21
Decided: 2024-07-25
Vaccine: influenza
Vaccination date: 2021-09-22
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 26000

AI-assisted case summary:
Jennifer M. Cangas 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 September 22, 2021. She stated that the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this condition. Respondent denied that the SIRVA onset was within the Table timeframe, denied that the flu vaccine caused the injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these differing positions, the parties reached a joint stipulation for settlement. The court adopted the stipulation, awarding Jennifer M. Cangas a lump sum of $26,000.00 as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00248-0
Date issued/filed: 2024-07-25
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/25/2024) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00248-UNJ Document 37 Filed 07/25/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-248V
JENNIFER M. CANGAS, Chief Special Master Corcoran
Petitioner, Filed: June 25, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Martin Muldowney, Sands Anderson, PC, Richmond, VA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On February 21, 2023, Jennifer M. Cangas 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”), a Table injury, resulting from an influenza (“flu”) vaccine she
received on September 22, 2021. Pet., ECF No. 1. Petitioner further alleges that the
vaccine was administered in the United States, she experienced the residual effects of
her condition for more than six months, and there has been no prior award or settlement
of a civil action for damages on Petitioner’s behalf as a result of her condition. Id.
Respondent denies “that [P]etitioner suffered the onset of her alleged SIRVA within the
Table timeframe; denies that the flu vaccine caused [P]etitioner’s alleged shoulder injury
or any other injury and further denies that her current disabilities are a sequela of a
vaccine-related injury.” Stipulation at 2, ECF No. 32.
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 1:23-vv-00248-UNJ Document 37 Filed 07/25/24 Page 2 of 8
Nevertheless, on June 24, 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.
Pursuant to the terms stated in the attached stipulation, I award the following
compensation:
A lump sum of $26,000.00 in the form of a check payable to Petitioner.
Stipulation at 2. 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 1:23-vv-00248-UNJ Document 37 Filed 07/25/24 Page 3 of 8
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JENNIFER M. CANGAS,
Petitioner, No. 23-248V
Chief Special Master Corcoran
V. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Jennifer Cangas, 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 of the 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 or about September 22, 2021. 1
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") as a consequence of the flu immunization she received on or about September 22,
1 On December 8, 2021, petitioner also received a COVID-19 vaccine. Vaccines against
COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42
C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human
Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d,
24 7 d-6e ), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may
be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85
Fed. Reg. 15198, 15202 (March 17, 2020).
Page 1 of 6

Case 1:23-vv-00248-UNJ Document 37 Filed 07/25/24 Page 4 of 8
2021, and further alleges that she suffered 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 on her behalf as a result of her condition.
6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the
Table timeframe; denies that the flu vaccine caused petitioner's alleged shoulder injury or any
other injury and further denies that her current disabilities are 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.
8. As soon as practicable after an entry of judgment 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-2 l(a)(l ), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lump sum of $26,000.00, in the form of a check payable to petitioner,
representing 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
Page2of6

Case 1:23-vv-00248-UNJ Document 37 Filed 07/25/24 Page 5 of 8
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 prepaid basis.
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 attorney's fees and litigation costs, and past unreimbursable 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 C.S.C. § 300aa-l 5(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
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, (a) 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 hereafter could
be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l O et seq., (i) 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 that may be alleged to have resulted from, the vaccinations administered on
September 22, 2021 and December 8, 2021, and (ii) that petitioner has had, now has, or hereafter
may have with respect to the injury that gave rise to the petition for vaccine compensation filed on
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Case 1:23-vv-00248-UNJ Document 37 Filed 07/25/24 Page 6 of 8
or about February 21, 2023, in the United States Court of Federal Claims as petition No. 23-248V;
and (b) waives any and all rights to any compensation that may be available under the
Countermeasures Injwy Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under
42 U .S.C. § 247d6d(d)), for a claim alleging that a covered countermeasure, including the COVID-
19 vaccination administered on December 8, 2021, on its own or in combination with the flu
vaccination administered on September 22, 2021, caused or seriously aggravated the injuries that
were the subject of the petition for vaccine compensation filed on or about Februaiy 21, 2023, in
the United States Court of Federal Claims as petition 23-248V, including an alleged SIRVA, for
which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a
claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation
in the CICP. 2 If no claim for compensation has been filed in the CICP as of the date this Stipulation
is filed, petitioner waives the right to file a claim as described in this paragraph for compensation
in the CICP.
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. If the special master fails to issue a decision in complete conformity with the terms of
this Stipulation or if the 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
"After entry of judgment reflecting a decision consistent with the terms of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
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Case 1:23-vv-00248-UNJ Document 37 Filed 07/25/24 Page 7 of 8
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 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 any of her current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page 5 of 6

Case 1:23-vv-00248-UNJ Document 37 Filed 07/25/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
P TITIONER: OF THE ATTORNEY GENERAL:
~fi~Aif~
Sands Anderson, PC Deputy Director
1111 East Main Street Torts Branch
Suite 2400 Civil Division
PO Box 1998 U. S. Department of Justice
Richmond, VA 23218-1998 P. 0. Box 146
(804) 783-7227 Benjamin Franklin Station
emuldowncy@sandsanderson.com Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
George R. Grimes - DigitallysignedbyGeorgeR. k~ {3 epen~ ~
Grimes -514
S1 4 Date: 2024.06.17 11 :46: 17 -04'00' h~~LV~
CDR GEORGE REED GRIMES, MD, MPH MALLORI B. OPENCHOWSKI
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, D.C. 20044-0146
and Human Services Tel: (202) 305-0660
5600 Fishers Lane, 08W-25A mallori. b.opcnchowski@usdoj.gov
Rockville, MD 20857
Dated: 06 IP, li.o ·v(
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