VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01949
Package ID: USCOURTS-cofc-1_23-vv-01949
Petitioner: Patricia Primrose
Filed: 2023-11-03
Decided: 2026-03-06
Vaccine: influenza
Vaccination date: 2022-10-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 48500

AI-assisted case summary:
Patricia Primrose 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 October 25, 2022. She claimed the vaccine was administered in the United States, her injury was a Table injury with residual effects for more than six months, and no civil action had been filed. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Nevertheless, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Corcoran adopted the stipulation, awarding Patricia Primrose a lump sum of $48,500.00 for all damages available under Section 15(a). The decision was entered on April 9, 2026.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-01949-0
Date issued/filed: 2026-04-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/06/2026) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:23-vv-01949-UNJ Document 38 Filed 04/09/26 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1949V
PATRICIA PRIMROSE, Chief Special Master Corcoran
Petitioner, Filed: March 6, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 3, 2023, Patricia Primrose 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”) as a result of receiving an influenza vaccine on October 5, 2022.
Petition at 1; Stipulation, filed at February 20, 2026, ¶¶ 1, 2. Petitioner further alleges that
the vaccine was administered within the United States, that she sustained an injury within
the time period set forth in the Vaccine Injury Table, 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-01949-UNJ Document 38 Filed 04/09/26 Page 2 of 7
Nevertheless, on February 20, 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 $48,500.00, 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 RSign signature page located at page 6 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-01949-UNJ Document 38 Filed 04/09/26 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PATRICIA PRIMROSE,
Petitioner,
V. No. 23-l 949V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Patricia Primrose ("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 a vaccine contained in the Vaccine Injury Table (the
"Table'•), 42 C.F.R. § 100.J(a).
2. Petitioner received a flu vaccination on October 25, 2022.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that she sustained a Table shoulder injury related to vaccine
administration ("SlRVA ") within the time period set forth in the Table following administration
of the vaccine. Petitioner further alleges that she experienced the residual effects of this
condition 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 her condition.
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Case 1:23-vv-01949-UNJ Document 38 Filed 04/09/26 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu 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 positions, the parries 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 decision consistent
with the terms 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 payment of $48,500.00 to be paid through an ACH deposit to
petitioner's counsel's IOLT 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-21{a)(l), and an application, the parties wilJ submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. 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 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 any 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 by entities that provide health services on a pre-paid basis.
2
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Case 1:23-vv-01949-UNJ Document 38 Filed 04/09/26 Page 5 of 7
11. Payment made pursuant to paragraph 8 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-15(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 her
individual capacity and on behalf of her 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, 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 could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa IO 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
alleged to have resulted from, the flu vaccine administered on or about October 25, 2022, as
alleged by petitioner in a petition for vaccine compensation filed on November 3, 2023, in the
United States Court of Federal Claims as petition No. 23-l 949V.
14. If petitioner should die prior to entry ofj udgment, this agreement sha1l 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 conformity
3
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Case 1:23-vv-01949-UNJ Document 38 Filed 04/09/26 Page 6 of 7
with a decision that is in complete confonnity with the tenns 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 sha1l 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 alleged shoulder
injury or any other injury or petitioner's current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equaJly to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4
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Case 1:23-vv-01949-UNJ Document 38 Filed 04/09/26 Page 7 of 7
Respectfully submitted,
PETITIONER:
~
PA...-w,,e
PAT RICIA PRIMROSE
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~ ron-,..,"¥-ReC.L ~
JONAT HEATHER L. PEARLMAN
Shann Law Group, Deputy Director
6825 Hobson Valley Drive, Suite 101 Torts Branch
Woodridge, Illinois 60517 Civil Division
Phone: 312-578-9501 U.S. Department of Justice
jsvitak@shannonlawgroup.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by --
Jeffrey S. Beach ·S
Beach -S Date: 2026.02.10 ~ lc6??3
00:s2;26 .os•oo• for
ENEA.
CAPT GEORGE REED GRIMES, MD, MPH I FIRIPPIS
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, 14W-18 (202) 305-3250
Rockville, MD 20857 irene.a.firippis@usdoj.gov
- -#.,._J_-o'"""_'/z_o_t_6,_ _
Dated:
5
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