VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00504 Package ID: USCOURTS-cofc-1_23-vv-00504 Petitioner: Christie Schwager Filed: 2025-06-27 Decided: 2025-07-29 Vaccine: influenza Vaccination date: 2020-10-04 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 17500 AI-assisted case summary: Christie Schwager filed a petition for compensation under the National Vaccine Injury Compensation Program on June 27, 2025. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of receiving an influenza vaccination on October 4, 2020. Ms. Schwager stated that the vaccine was administered in the United States, that she experienced residual effects from the injury for more than six months, and that she had no prior award or settlement for this injury. The respondent denied that the flu vaccine caused Ms. Schwager's injury or that she sustained a SIRVA Table injury. Despite the respondent's denial, the parties filed a joint stipulation on June 25, 2025, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation to be reasonable and adopted it as the court's decision. Ms. Schwager was awarded a lump sum of $17,500.00 for all items of damages available under the program. This award was to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. Petitioner's counsel was Daniel Alholm of Alholm Law PC, and respondent's counsel was Kimberly Shubert Davey of the U.S. Department of Justice. Theory of causation field: Petitioner Christie Schwager alleged a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), resulting from an October 4, 2020, influenza vaccination. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $17,500.00 as a lump sum for all damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the condition and vaccination date. Petitioner's counsel was Daniel Alholm, and respondent's counsel was Kimberly Shubert Davey. Chief Special Master Brian H. Corcoran issued the decision on July 29, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00504-0 Date issued/filed: 2025-07-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/27/2025) regarding 40 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00504-UNJ Document 48 Filed 07/29/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-504V CHRISTIE SCHWAGER, Chief Special Master Corcoran Petitioner, Filed: June 27, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 12, 2023, Christie Schwager 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 Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of her October 4, 2020 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed June 25, 2025, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 2, 9-11; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused [P]etitioner to suffer a right shoulder injury or any other injury or her current condition, and denies that [P]etitioner sustained a SIRVA Table injury.” Stipulation at ¶ 6. 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-00504-UNJ Document 48 Filed 07/29/25 Page 2 of 7 Nevertheless, on June 25, 2025, 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 $17,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The “Final Audit Report” at page six of the parties’ Stipulation has been omitted from the attached copy of the Stipulation. 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-00504-UNJ Document 48 Filed 07/29/25 Page 3 of 7 Case 1:23-vv-00504-UNJ Document 48 Filed 07/29/25 Page 4 of 7 Case 1:23-vv-00504-UNJ Document 48 Filed 07/29/25 Page 5 of 7 Case 1:23-vv-00504-UNJ Document 48 Filed 07/29/25 Page 6 of 7 Case 1:23-vv-00504-UNJ Document 48 Filed 07/29/25 Page 7 of 7