VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02104 Package ID: USCOURTS-cofc-1_23-vv-02104 Petitioner: Molly Converse Filed: 2023-12-12 Decided: 2025-09-30 Vaccine: influenza Vaccination date: 2021-02-13 Condition: left radial nerve injury and left arm mass Outcome: compensated Award amount USD: 77500 AI-assisted case summary: On December 12, 2023, Molly Converse filed a petition seeking compensation after an influenza vaccination administered on February 13, 2021. She alleged that the vaccine caused left-arm injuries, specifically a left radial nerve injury and a left arm mass, with residual effects lasting more than six months. Respondent denied that Ms. Converse had sustained a radial nerve injury or left arm mass, denied that the vaccine caused her alleged left-arm injuries or any other injury, and denied that her current condition was a vaccine-related sequela. The public decision is a stipulation decision, so it does not provide the first symptom, onset interval, clinical visits, diagnostic testing, treatment, expert opinions, or a detailed mechanism beyond the asserted left-arm vaccine injury. On September 30, 2025, Chief Special Master Brian H. Corcoran adopted the parties' joint stipulation. Ms. Converse was awarded a lump sum of $77,500.00, paid through counsel's IOLTA account, representing all damages available under the Vaccine Act. She was represented by Edward M. Kraus of Kraus Law Group, LLC. Theory of causation field: Influenza vaccine, February 13, 2021, adult inferred from petitioner filing in her own name, alleged left radial nerve injury and left arm mass caused-in-fact by vaccination. COMPENSATED by stipulation. Respondent denied the radial nerve injury, left arm mass, vaccine causation, and sequelae. Public stipulation gives no onset interval, treatment, imaging, expert testimony, or biological mechanism beyond the alleged vaccine-caused left arm injuries. Award: $77,500 lump sum for all Section 15(a) damages, ACH to counsel IOLTA. Chief Special Master Corcoran September 30, 2025. Attorney Edward M. Kraus; respondent Madylan Louise Yarc. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02104-0 Date issued/filed: 2025-10-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/30/2025) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02104-UNJ Document 38 Filed 10/30/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2104V MOLLY CONVERSE, Chief Special Master Corcoran Petitioner, Filed: September 30, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Edward M. Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Madylan Louise Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 12, 2023, Molly Converse 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 left radial nerve injury and left arm mass that were caused in fact by an influenza vaccine administered on February 13, 2021. Petition at 1; Stipulation, filed September 30, 2025, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. Petition at ¶¶ 21, 22; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a radial nerve injury or left arm mass; denies that the vaccine caused petitioner’s alleged left arm injuries, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1Because 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. 2National 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-02104-UNJ Document 38 Filed 10/30/25 Page 2 of 7 Nevertheless, on September 30, 2025, 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 $77,500.00, 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.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-02104-UNJ Document 38 Filed 10/30/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MOLLY CONVERSE, Petitioner, No. 23-2104V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Molly Converse ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to-34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § l00.3(a). 2. Petitioner received a flu vaccine on February 13, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a left radial nerve injury and a left arm mass that were caused in fact by the flu vaccine. She 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 alleged injury. Case 1:23-vv-02104-UNJ Document 38 Filed 10/30/25 Page 4 of 7 6. Respondent denies that petitioner sustained a radial nerve injury or left arm mass; denies that the vaccine caused petitioner's alleged left arm injuries, or any other injury; and denies that her current condition is a sequel a of a vaccine-related injury. 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 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)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $77,500.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(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. 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-1 S(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 2 Case 1:23-vv-02104-UNJ Document 38 Filed 10/30/25 Page 5 of 7 State health benefits programs (o ther than Title XlX of the Social Security Act (4 2 U. S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 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-l 5(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 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 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 could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oe t 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 vaccination administered on February 13, 2021, as alleged in a petition for vaccine compensation filed on or about December 12, 2023, in the United States Court of Federal Claims as petition No. 23-2104V. 3 Case 1:23-vv-02104-UNJ Document 38 Filed 10/30/25 Page 6 of 7 14. If petitioner should die prior to entry ofj udgment, 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 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 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 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 alleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:23-vv-02104-UNJ Document 38 Filed 10/30/25 Page 7 of 7 Respectfully submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ J ) ~ -Mi.~~p~ ---.. EDWARD KRAUS HEATHER L. PEARLMAN KRAUS LAW GROUP, LLC Deputy Director I 11 W. Jackson Blvd., Torts Branch, Civil Division Suite 1700 U.S. Department of Justice Chicago, IL 60604 P.O. Box 146 (312) 858-2177 Benjamin Franklin Station ekraus@krausJawyers.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey $. Digitally signed by s Jeffrey S. Beach •S Beach ~tf!jr¼t~ - Date; 2025.09.23 ____-. os:19:14·04'00' for CAPT GEORGE REED GRIMES, MD, MPH Director, Division oflnjury Trial A rney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services (202) 742-6376 5600 Fishers Lane, 14W-18 madylan .I. yarc@usdoj.gov Rockville, MD 20857 j Dated: q / 30 ,-o ZS" 5