VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01162
Package ID: USCOURTS-cofc-1_23-vv-01162
Petitioner: Kanako Yamanaka
Filed: 2023-07-26
Decided: 2026-06-23
Vaccine: influenza
Vaccination date: 2021-10-22
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 5000

AI-assisted case summary:
Kanako Yamanaka filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 22, 2021. She also received a COVID-19 vaccine on November 7, 2021. Petitioner alleged that the influenza vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no civil action had been settled or awarded. Respondent denied that Petitioner sustained a SIRVA Table injury, 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 to a settlement. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Kanako Yamanaka a lump sum of $5,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-01162-0
Date issued/filed: 2026-07-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/23/2026) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-01162-UNJ Document 40 Filed 07/24/26 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1162V
KANAKO YAMANAKA, Chief Special Master Corcoran
Petitioner, Filed: June 23, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 26, 2023, Kanako Yamanaka 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 from a shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza vaccine administered on
October 22, 2021. Petition at 1; Stipulation, filed at June 17, 2026, ¶¶ 1, 2, 4. Petitioner
further alleges that the vaccine was administered within the United States, that she
experienced the residual effects of her condition for more than six months, and that there
has been no award or settlement of a civil action for damages on her behalf as a result of
her injury. Petition at 1, 7; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner
sustained a SIRVA Table injury; 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. 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-01162-UNJ Document 40 Filed 07/24/26 Page 2 of 8
Nevertheless, on June 17, 2026, the parties filed the attached joint stipulation
stating that a decision should be entered awarding compensation.3 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 $5,000.00, 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 RSign signature page located at page 7 is 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-01162-UNJ Document 40 Filed 07/24/26 Page 3 of 8
I~ THE U:\ITED ST ATES COlJRT OJ◄ FEDERAL CLAl\1S
OF.FICE OF SPECIAL MASTERS
KANAKO YAMANAKA,
Petitioner,
V. No. 23-1 I 62V (ECT)
Chief Special Master Corcoran
SECRETARY OF HEALT H
AND HUMAN SERVICES,
Respondent.
STIPCLATION
The parties hereby stipulate to the following matters:
1. Kanako Yamanaka, petitioner, Ii led a petition for vaccine compensation under the
National Vaccine lnjury Compensation Program, 42 U.S.C. §§ 300aa-l 0 et seq. (the "Vaccine
Program''). The petition seeks compensation for inju1ies allegedly related to petitioner's receipt
of the influenza ("llu") vaccine, which vaccine is contained in the Vaccine Injury Table (Lhe
''Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on October 22, 2021.1
3. The vaccination was administered within the Cnited States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administrntion ("SIRVA") as set forth in the Table. Petitioner farther alleges that petitioner
1 On November 7, 2021, petitioner also received a COVm-19 vaccine. Vaccines against
COVID-19 arc not contained in the Vaccine lnjury Table. See 42 U.S.C. § 300aa-14 and 42
C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secreta1y of Health and Human
Services under the Public Readiness and Emergency Preparedness Act (42 C.S.C. §§ 247d-6d,
247d-6e), claims for alleged injuries from COVID-19 countetmeasures, including vaccines, may
be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85
Fed. Reg. 15198, 15202(\llarch 17,2020).
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Case 1:23-vv-01162-UNJ Document 40 Filed 07/24/26 Page 4 of 8
experienced the residual effects of this condition ror more tl1an six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result. of petitioner's condition.
6. Respondent denies that petitioner sustained a srRV A Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that
petitioner's current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated posi lions, 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 aner petitioner has filed an election to receive compensation
pursuant to 42 C.S.C. § 300aa-21 (a)(I). the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of' $5,000.00, to be paid through an ACI I deposit to petitioner's
counsel's 101,T A account ror prompt disbursement to petitioner.
This amount represents compensation for all damages Lhat would be available under 42
C.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ol'juclgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
C.S.C. § 300aa-2 l (a)(l ), and an application, the parties will submit to futiher proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and petihoner's attorney represent that compensation to be provided
pursuant to this Stipulation is not ro r any ii ems or services fc)r vvh.ich the Program is not
2
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Case 1:23-vv-01162-UNJ Document 40 Filed 07/24/26 Page 5 of 8
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 a11y State compensation programs, insurance policies,
Federal or State health benefits programs ( 0U1er than Title XIX of the Social Security Act
(42 C.S.C. § 1396 et seq.)), orby 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 t;.s.c. § 300aa-
15(i), subject to the availability of sufficient statutory f-tmds.
12. The parties and their attorneys li.ir1.l1er 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 petitioner's benefit as contemplated by a strict
construction or 42 U.S.C. ~§ :rnoaa-15(a) and (d), and subject to the conditions of' 42 U.S.C.
§§ 300aa-15(g) and (h).
13. In reh1rn for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacily, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, (a) does forever in-evocably and unconditionally release, acquit, and discharge the
United States and the Secretary of Health and Human Services from any and all actions or causes
or· action (including agreements, judgments, clairns damages, loss or services, expenses, and all
1
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 lnjmy
Compensation Program, 42 U.S.C. ~ 300aa-10 et seq., (i) on account of, or in any way growing
out or: any and all known or unknO\vn, suspected or unsuspected personal injuries to or death or
petitioner resulting from, or that may be alleged to have resulted from, the vaccinations
administered on October 22, 2021 and November 7, 2021, and (ii) that petitioner has had, now
3
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Case 1:23-vv-01162-UNJ Document 40 Filed 07/24/26 Page 6 of 8
has, or hereafter may have with respect to the injury lhat gave 1ise to the petition for vaccine
compensation filed on or about July 26, 2023, in the t:nited States Court or Federal Claims as
petition No. 23-1162V; and (b) waives a11y and all rights to any compensation that may be
available under the Countenneasures Injury Compensation Program (ClCP), 42 t:.S.C. § 247d-
6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered
countennea,;ure, including the COVID-19 vaccination administered on November 7, 2021, on its
own or in combination vvith the flu vaccination administered on October 22, 2021 , caused or
seriously aggravated the injuries that were the subject oflhe petition ror vaccine compensation
filed on or about July 26, 2023, in the United States Court of Federal Claims as petition No. 23-
1162V, including a shoulder injury, for which petitioner will receive compensation pursuant to
this Stipulation. ff petitioner has such a claim currently pending with the CTCP, petitioner
hereby withdraws such claim for compensation in the CICP.2 lf no claim for compensation has
been filed in the CTCP 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 CTCP.
14. ff 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 confom1ity with tht: terms
of this Stipulation or i r the Court of Federal Claims fai Is to enter judgment in con forn1ity with a
decision that is in complete confomrily with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
2 After entry of judgment re11ecting a decision consistent with the terms of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CTCP as evidence of peti lioner's
withdrawal of their CTCP claim and waiver of any potential compensation under the CJCP.
4
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Case 1:23-vv-01162-UNJ Document 40 Filed 07/24/26 Page 7 of 8
16. This Stipulation expresses a full und complete negotiated settlement of'liability c1nd
damages claimed under the National Chi Id hood Vaccine lnjury Act or 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
pa1iies hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties ru rther agree and understand that the award desc1ibed 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 ,m admission by the United States or the
Secretary of Health and Human Service that the flu vaccine caused petitioner's alleged injury or
imy other injury or petilioner's current disabilities, or that petitioner suffered rn1 injury contained
in the Vaccine Injury Table.
18. All tights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, andior assigns.
END OF STIPULATION
5
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Case 1:23-vv-01162-UNJ Document 40 Filed 07/24/26 Page 8 of 8
Respectfully submitted,
PETITIOJ\ER:
yanuvtm
tOJt..a.h
KA1'AKO YAMANAKA
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETTTlONER: OF THE ATTOR~EY GE~ERAL:
~
~-~~~
m:-,~n . fi.:ATrTER i ~'JSEA
I R LM AN
Shannon Law Group, P.C. Deputy Director
6825 Hobson Valley Drive, Suite 101 Torts Branch
Woodridge, IL 60517 Civil Division
(312) 578-9501 U.S. Department of Justice
j svi tak@shannonlawgroup.com P.O. Box 146
Renjamin Franklin Station
Washington, DC 20044-0146
A UTI-IORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
Al\D HUMAN SERVICES:
Jeffreys.
Digitally signed by
Jeffrey 5. Beach -5
Be ac h -S Date: 2026.06.03 for
15:1s:3s-04•00·
CAPT GEORGE REED GRI1\11ES, MD, MPH
Director, Division of lr~jury
Compensation Programs
Health Systems Bureau Civil Division
Health Resources and Services U.S. Depattment of Justice
Administration P.O. Box 146
L.S. Depaiiment of Health Benjamin Franklin Station
and Hwnan Services Washington., DC 20044-0146
5600 Fishers Lane, 14 W-18 (202) 105-1159
Rockville, MD 20857 Naseem.Kourosh@;.usdoj.gov
~
Dated: _kj_j7f
6
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