VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01665 Package ID: USCOURTS-cofc-1_23-vv-01665 Petitioner: EVELYN FISHER Filed: 2023-09-27 Decided: 2026-01-21 Vaccine: influenza Vaccination date: 2021-12-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 73000 AI-assisted case summary: Evelyn Fisher filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2023, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 18, 2021. She claimed the flu vaccine caused her injury and that she suffered residual effects for more than six months. The 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. The parties subsequently filed a joint stipulation for compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Evelyn Fisher was awarded a lump sum of $73,000.00 for all items of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01665-0 Date issued/filed: 2026-02-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/21/2026) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01665-UNJ Document 45 Filed 02/23/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1665V EVELYN FISHER, Chief Special Master Corcoran Petitioner, v. Filed: January 21, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 27, 2023, Evelyn Fisher filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On December 18, 2021, Petitioner received an influenza (“flu”) vaccine, a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). 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. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; denies that the flu vaccine significantly aggravated her alleged injury; and denies that her current condition is a sequela of a vaccine-related injury. 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-01665-UNJ Document 45 Filed 02/23/26 Page 2 of 7 Nevertheless, on January 20, 2026, 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 $73,000.00 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-01665-UNJ Document 45 Filed 02/23/26 Page 3 of 7 Case 1:23-vv-01665-UNJ Document 45 Filed 02/23/26 Page 4 of 7 Case 1:23-vv-01665-UNJ Document 45 Filed 02/23/26 Page 5 of 7 Case 1:23-vv-01665-UNJ Document 45 Filed 02/23/26 Page 6 of 7 Case 1:23-vv-01665-UNJ Document 45 Filed 02/23/26 Page 7 of 7