VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00309
Package ID: USCOURTS-cofc-1_23-vv-00309
Petitioner: Brian Bieber
Filed: 2023-03-01
Decided: 2025-11-19
Vaccine: influenza
Vaccination date: 2020-10-29
Condition: left axillary neuritis
Outcome: compensated
Award amount USD: 22500

AI-assisted case summary:
On March 1, 2023, Brian Bieber filed a petition alleging that an influenza vaccination administered on October 29, 2020 caused left axillary neuritis. The public stipulation identifies him as an adult but does not state an exact age.

Respondent denied that the alleged axillary neuritis or residual effects were vaccine-caused. The public stipulation does not describe onset, treatment, diagnostic testing, expert opinions, or the mechanism alleged. On November 19, 2025, Chief Special Master Corcoran adopted the parties' stipulation and awarded $22,500.00 as a lump sum through counsel for all damages available under the Vaccine Act.

Theory of causation field:
Adult petitioner; influenza vaccine October 29, 2020; alleged left axillary neuritis. COMPENSATED by stipulation. Respondent denied causation; public text lacks clinical chronology and experts. Decision November 19, 2025. Award $22,500.00 lump sum. Petition filed March 1, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00309-0
Date issued/filed: 2026-01-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/19/2025) regarding 41 DECISION of Special Master - Stipulation. Signed by Special Master Jennifer A. Shah. (sl) Service on parties made.
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Case 1:23-vv-00309-UNJ Document 45 Filed 01/07/26 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-309V
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BRIAN BIEBER,
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Petitioner, * UNPUBLISHED
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*
v.
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*
SECRETARY OF HEALTH AND * Filed: November 19, 2025
HUMAN SERVICES, *
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*
Respondent. *
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* * * * * * * * * * * * * * * * * * * * * * * * * *
Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner.
Camille Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 1, 2023, Brian Bieber (“Petitioner”) filed a petition, seeking compensation under
the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1.
Petitioner alleges he suffered from a left axillary neuritis as a result of the influenza (“flu”)
vaccination he received on October 29, 2020. See Stipulation ¶¶ 2, 4, dated November 19, 2025
(ECF No. 40); see also Petition.
Respondent denies “that petitioner’s alleged axillary neuritis or its residual effects were
caused-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”
Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:23-vv-00309-UNJ Document 45 Filed 01/07/26 Page 2 of 7
or petitioner’s current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while
maintaining their above-stated positions, agreed in a stipulation filed November 19, 2025, that the
issues before them can be settled and that a decision should be entered awarding Petitioner
compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $22,500.00 be paid through an ACH deposit to petitioner's counsel's IOLTA
account for prompt disbursement to petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a). Id.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Jennifer A. Shah
Jennifer A. Shah
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.
2

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