VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00741
Package ID: USCOURTS-cofc-1_23-vv-00741
Petitioner: Stacy Fogerty
Filed: 2024-07-17
Decided: 2025-01-27
Vaccine: influenza
Vaccination date: 2021-11-05
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Stacy Fogerty filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 5, 2021. She also received a COVID-19 vaccine on the same day. Ms. Fogerty claimed residual effects from the SIRVA for more than six months. The respondent denied that the flu vaccine caused her injury or any other condition. Despite the denial, the parties filed a joint stipulation to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Fogerty a lump sum of $20,000.00 for all damages. This amount represents compensation for her alleged SIRVA. The stipulation also included a release of claims related to the COVID-19 vaccine under the Countermeasures Injury Compensation Program. The case was resolved through this settlement, avoiding further litigation on liability or damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00741-0
Date issued/filed: 2025-01-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/17/2024) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:23-vv-00741-UNJ Document 39 Filed 01/27/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0741V
STACY FOGERTY, Chief Special Master Corcoran
Petitioner, Filed: July 17, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew B. Vianello, Jacobson Press P.C., Clayton, MO, for Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 19, 2023, Stacy Fogerty 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”) following an influenza vaccination she received on November 5,
2021. Petition at ¶ 11; Stipulation, filed at July 16, 2024, ¶¶ 2, 4. Petitioner further alleges
that she has suffered the residual effects of her vaccine-related injury for more than six
months. Petition at ¶ 12; Stipulation at ¶ 4. “Respondent denies that Petitioner suffered
from left shoulder injury as a result of the flu vaccine, and denies that the flu vaccine
caused her any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on July 16, 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.
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-00741-UNJ Document 39 Filed 01/27/25 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $20,000.00 in the form of a check payable 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.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-00741-UNJ Document 39 Filed 01/27/25 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STACY FOGERTY, )
)
Petitioner, )
) No.23-741V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEAL TH AND HUMAN )
SERVICES, )
________________ )
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Stacy Fogerty ("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 the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § I00.3(a).
2. Petitioner received the flu vaccine on or about November 5, 2021. 1
3. The vaccine was administered in the United States.
1 On November 5, 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,
247d-6e), claims for alleged injuries from COVID-19 countenneasures, including vaccines, may
be compensable under the Countermeasures [njury Compensation Program ("CICP"). See 85
Fed. Reg. 15198, 15202 (March 17, 2020).

Case 1:23-vv-00741-UNJ Document 39 Filed 01/27/25 Page 4 of 8
4. Petitioner alleges that she suffered a left shoulder injury related to vaccine
administration ("SI RV A") as a result of receiving the flu vaccine. Petitioner further alleges 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 as a result of her alleged condition.
6. Respondent denies that petitioner suffered from left shoulder injury as a result of the
flu vaccine, and denies that the flu vaccine caused her any other injury or her current condition.
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 tenns of this Stipulation, and after petitioner has filed 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 $20,000.00 in the fonn 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 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-21 (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.
I 0. 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
2

Case 1:23-vv-00741-UNJ Document 39 Filed 01/27/25 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 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 construction 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 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-10 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 November 5, 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 or
3

Case 1:23-vv-00741-UNJ Document 39 Filed 01/27/25 Page 6 of 8
about May 19, 2023, in the United States Court of Federal Claims as petition No. 23-74 IV; and
(b) waives any and all rights to any compensation that may be available under the
Countermeasures Injury 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
COYID-19 vaccination administered on ovember 5, 2021, on its own or in combination with
the flu vaccination administered on November 5, 2021, caused or seriously aggravated the
injuries that were the subject of the petition for vaccine compensation filed on or about May 19,
2023, in the United States Court of Federal Claims as petition 23-741 V, including a left shoulder
injury, 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 CJCP.2 Ifno 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
2 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.
4

Case 1:23-vv-00741-UNJ Document 39 Filed 01/27/25 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 left shoulder
injury, any other injury, 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
5

Case 1:23-vv-00741-UNJ Document 39 Filed 01/27/25 Page 8 of 8
Respectfully submitted,
PETITIONER:
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STACY FOGERTY
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
..M-/4,,\½A,~~~
HEATHER L. PEARLMAN
JACOBSON PRESS P.C. Deputy Director
222 S. Central Avenue, Suite 550 Torts Branch
Clayton, MO 63105 Civil Division
Tel: (314) 899 -9789 U.S. Department of Justice
Email: vianelto@archcitylawyers.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Digitally signed by George
R. Grlmes-S14
Grimes-S14 Date: 2024.07.09 14:20:06
-04'00'
CAPT GEORGE REED GRIMES, MD, MPH AUSTIN J.
Director, Division of Injury Trial Attp
Compensation Programs Torts Br' ch, Division
1v
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Ben Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 451-7479
5600 Fishers Lane, 08W-25A Email: Austin.J.Egan@usdoj.gov
Rockville, MD 20857
6