VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00356
Package ID: USCOURTS-cofc-1_23-vv-00356
Petitioner: Lauren Blinder
Filed: 2023-03-13
Decided: 2024-08-08
Vaccine: influenza
Vaccination date: 2020-10-10
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Lauren Blinder filed a petition on March 13, 2023, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on October 10, 2020, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), which is a "Table injury." Petitioner claimed the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged left shoulder injury or any other injury, and denied that Petitioner sustained a SIRVA Table injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and adopted it as the decision of the court. As per the stipulation, Lauren Blinder was awarded a lump sum of $45,000.00, payable by check to Petitioner, as compensation for all damages. This award represents a compromise of the parties' respective positions on liability and damages. The stipulation also outlines the process for awarding reasonable attorneys' fees and costs, which will be addressed in further proceedings after judgment entry. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice. The decision was issued on August 8, 2024.

Theory of causation field:
Petitioner Lauren Blinder alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 10, 2020. SIRVA is listed as a "Table injury" under the National Vaccine Injury Compensation Program. Petitioner claimed the vaccine was administered in the United States and that she suffered residual effects for more than six months. Respondent denied that the flu vaccine caused Petitioner's alleged injury. The parties entered into a joint stipulation to settle the case, agreeing to an award of $45,000.00. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision, awarding the lump sum for all damages. The stipulation does not detail specific medical experts, clinical findings, onset, symptoms, treatments, or a precise mechanism of injury beyond the "Table injury" classification. The award represents a compromise of liability and damages. Petitioner was represented by Ronald Craig Homer, and Respondent by Kimberly Shubert Davey. The decision date was August 8, 2024.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00356-0
Date issued/filed: 2024-09-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/08/2024) regarding 32 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00356-UNJ Document 41 Filed 09/16/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-356V
LAUREN BLINDER, Chief Special Master Corcoran
Petitioner, Filed: August 8, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 13, 2023, Lauren Blinder 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 October 10, 2020. 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 the flu vaccine caused [P]etitioner to suffer a left shoulder injury or any other
injury or her current condition, and denies that [P]etitioner sustained a SIRVA Table
injury.” Stipulation at 2, ECF No. 31.
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-00356-UNJ Document 41 Filed 09/16/24 Page 2 of 7
Nevertheless, on August 8, 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 $45,000.00 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-00356-UNJ Document 41 Filed 09/16/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LAUREN BLINDER, )
)
Petitioner, )
) No. 23-356V
v. ) Chief Special Master Corcoran (SPU)
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
_______________ )
STIPULATION
The parties hereby stipulate to the following matters:
1. Lauren Blinder, 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 of an
influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October I 0, 2020.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a Shoulder Injury Related to Vaccine
Administration ("SIRVA") as defined in the Table; she further alleges that the flu vaccine caused
her alleged shoulder injury, and that she suffered the residual effects of her alleged 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.

Case 1:23-vv-00356-UNJ Document 41 Filed 09/16/24 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner to suffer a left shoulder injmy
or any other injury or her current condition, and denies that petitioner sustained a SIRVA Table
lllJUlY,
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-21(a)(l), the Secreta1y of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $45,000.00 in the fom1 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-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incmTed in proceeding
upon this petition.
10. Petitioner and her 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 reasonably be
expected to be made under any 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 by entities that provide health services on a pre-paid basis.
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Case 1:23-vv-00356-UNJ Document 41 Filed 09/16/24 Page 5 of 7
11. Payment made pmsuant to paragraph 8 of this Stipulation 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 unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict constmction 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 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-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 October 10, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on or about March 13, 2023, in
the United States Court of Federal Claims as petition No. 23-0356V.
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.
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Case 1:23-vv-00356-UNJ Document 41 Filed 09/16/24 Page 6 of 7
15. If the special master fails to issue a decision in complete confo1mity with the te1ms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the te1ms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either pa1iy.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injwy 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 fmiher 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 injmy 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 or significantly aggravated
petitioner's alleged shoulder injury, or any other injrny 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-00356-UNJ Document 41 Filed 09/16/24 Page 7 of 7
~--"'·-------------,
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R,:spccl l'ul ly submitted,
PETITIONER:
,/e r u Dlc~,dt.,,.-,
t?"--'
LAUREN BLINDER
ATTORNEY OF RECORD FOR AUTIIORIZED REPRESENTATIVE
PETITIONER: OF TIIE ATTORNEY CENERAL:
~ &e~L~m~ ~ ·- ~ -
d
RONALD C. HOMER/ R,ui.if?./ll)Q) IIEATIIER L. PEARi,MAN
Counsel for Petitioner Deputy Director
Conway Homer, P.C. Torts Branch. Civil Division
16 Shawmut Street U.S. Department of Justice
Boston, MA 02116 P.O. Box 14(i
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENT A TrVE ATTORNEY OF Rf.CORD FOR
OF THE SECRETARY OF HEALTH RESPOl\'DENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by ~~S'I»v~
Jeffrey S. Beach -S
Beach -S Date: 2024.07.25 ~ ~~ l-Pt ~
for
_ 11:36:07 -04·00·
CAPT GEORGE REED GRIMES. MD. MPH KIMBERLY S. DAVEY
Director. Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Dcpartmcnt of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department ofllcalth Washington, DC 20044-0146
and Human Services (202) 307-1815
5600 Fishers Lane, 08W25A kirnbcrly.davcy(11;usdoj.go\'
Rockville. MD 20857
Dated: Q 8 /ot/UZ.. - '{
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