VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00389
Package ID: USCOURTS-cofc-1_23-vv-00389
Petitioner: Muriel Childs
Filed: 2025-02-04
Decided: 2025-03-17
Vaccine: influenza
Vaccination date: 2021-12-07
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Muriel Childs filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on December 7, 2021. She claimed the injury was a defined Table injury and that she experienced residual effects for more than six months. Respondent denied that Ms. Childs sustained a SIRVA, denied that the vaccine caused her injury, and denied that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms. Childs a lump sum of $15,000.00. This amount represents compensation for all damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was construed as a full and complete negotiated settlement of liability and damages, and not an admission by the United States that the vaccine caused the injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00389-0
Date issued/filed: 2025-03-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/04/2025) regarding 31 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00389-UNJ Document 35 Filed 03/17/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-389V
MURIEL CHILDS, Chief Special Master Corcoran
Petitioner, Filed: February 4, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for
Petitioner.
Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 21, 2023, Muriel Childs 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 defined Table injury, after receiving an influenza (“flu”)
vaccine. Petition at 1. Petitioner further alleges that she received the vaccine within the
United States, that she suffered the residual effects of the SIRVA for more than six
months, and that there has been no prior award or settlement of a civil action for damages
on her behalf as a result of her condition, alleged as vaccine caused. Id. “Respondent
denies that [P]etitioner sustained a SIRVA, as defined in the Table; denies that the
vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that
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-00389-UNJ Document 35 Filed 03/17/25 Page 2 of 7
her current condition is a sequela of a vaccine-related injury.” Stipulation ¶ 6, ECF No.
30.
Nevertheless, on February 3, 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 $25,000.00 to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation
¶ 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 1:23-vv-00389-UNJ Document 35 Filed 03/17/25 Page 3 of 7
Vlnesign Document ID: 7500FBFA-1 CA8-4705-968E-CCB2O92FB2CC
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MURIEL CHILDS,
Petitioner,
v. No. 23-389V
Chief Special Master Brian H. Corcoran
SECRETA RY OF HEALT H AND ECF
HUMAN SER VICES,
Respondent.
STIPULATIM
The parties hereby stipulate to the following matters:
I. Muriel Childs, 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 ofa n
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table''),
42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine in her right arm on December 7, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time frame set forth in the Table following administration
of the flu vaccine, and that she experienced 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 the alleged injury.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:23-vv-00389-UNJ Document 35 Filed 03/17/25 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA, as defined in the Table; denies
that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that
her 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.
8. As soon as practicable after an entry ofj udgment reflecting a de<:ision consistent with
the terms of this Stipulation, and after petitioner has tiled an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of SlS,000.00 to be paid through an ACH deposit to petitioner's
counsel's JOLT A account for prompt disbursement 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-2 l (a)( 1) , 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.
IO. 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 Jiable
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
2

Case 1:23-vv-00389-UNJ Document 35 Filed 03/17/25 Page 5 of 7
State health benefits programs (o ther than Title XIX of the Social Security Act (4 2 U. S.C.
§ 1396 et seq.)), or by entities that provide 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 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 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 U.S.C. § 300aa•I S(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, 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-lO 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 that may be alleged to have resulted from, the flu vaccination
administered on or about December 7, 2021, as alleged by petitioner in a petition for vaccine
compensation filed on or about March 21, 2023, in the United States Court of Federal Claims as
petition No. 23·389V.
3

Case 1:23-vv-00389-UNJ Document 35 Filed 03/17/25 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, 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 tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity 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
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 to suffer a
shoulder injury or her current disabilities, or any other injury or condition, or that petitioner
sustained an injury contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:23-vv-00389-UNJ Document 35 Filed 03/17/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
MURJEL CHILDS
ATIORNEYOFRECORDFOR AUTHORIZED REPRSENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~
~ ~ \ L e ~
HEATHER L. PEARLMAN
Muller Brazil Deputy Director
715 Twinning Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885• 1655 U.S. Department of Justice
E-mail: paul@muUerbrazil.com P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUfHORIZED REPRESENTATIVE AITORNEYOFRECORDFOR
OFTHESECRETARYOFHEALffl RESPONDENT:
AND HUMAN SERVICES:
ffrey $.
Je Digitally signed by
Jeffrey S. Beach -S
B h S Date: 2025.01.27 z2 (). .
eac - . 15:59:38-05'00' for C- 0
CAPT GEORGE REED GRIMES, MD, MPH ELIZABETH A. ANDARY
Director, Division oflnjury 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-2SA Tel: (202) 616-9824
Rockville, MD 208S7 E-mail: Elizabeth.A.Andary@usdoj.gov
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Dated:
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