VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00057
Package ID: USCOURTS-cofc-1_24-vv-00057
Petitioner: Jean Lopresto
Filed: 2024-01-17
Decided: 2025-02-24
Vaccine: influenza
Vaccination date: 2023-03-04
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 20250

AI-assisted case summary:
Jean Lopresto, a 44-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 17, 2024. Ms. Lopresto alleged that she received seasonal influenza ("flu") and tetanus-diphtheria-acellular pertussis ("Tdap") vaccines on March 4, 2023. These vaccines are listed on the Vaccine Injury Table. Ms. Lopresto alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) within the time frame set forth in the Table, and that she experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Lopresto's alleged SIRVA or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and adopted it as his decision. Pursuant to the stipulation, Ms. Lopresto was awarded $20,250.00 as compensation for all damages. This award represents a compromise of the parties' positions on liability and damages. The stipulation also outlines that proceedings for attorneys' fees and costs would be handled separately. The public decision was issued on February 24, 2025.

Theory of causation field:
Petitioner Jean Lopresto, age 44, received influenza and Tdap vaccines on March 4, 2023. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) within the Table timeframe, with residual effects lasting more than six months. Respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties reached a joint stipulation to settle the case, acknowledging SIRVA is a Table condition. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $20,250.00 as compensation for all damages. The award represents a compromise of liability and damages. Attorneys' fees and costs are to be awarded separately. The public decision was issued on February 24, 2025. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP. Respondent's counsel was Benjamin Rex Eisenberg of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00057-0
Date issued/filed: 2025-02-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/23/2025) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:24-vv-00057-UNJ Document 29 Filed 02/24/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0057V
JEAN LOPRESTO, Chief Special Master Corcoran
Petitioner,
v. Filed: January 23, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On January 17, 2024, Jean Lopresto 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 November 5, 2022, Petitioner received influenza (“flu”) and tetanus-
diphtheria-acellular pertussis (“Tdap”) vaccines, which vaccines are listed in the Vaccine
Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she suffered a
shoulder injury related to vaccine administration (“SIRVA”) within the time frame set forth
in the Table following administration of the flu and Tdap vaccines. Petitioner further
alleges that she suffered the residual effects of the alleged injury for more than six
months.
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 1:24-vv-00057-UNJ Document 29 Filed 02/24/25 Page 2 of 7
Respondent denies that Petitioner’s alleged SIRVA or its residual effects were
caused-in-fact by the flu vaccine; and denies that the flu vaccine caused Petitioner any
other injury or her current condition.
Nevertheless, on January 23, 2025, the parties filed the attached joint stipulation,3
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 $20,250.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 In attaching the parties’ joint stipulation, I have omitted the last page – a VineSign form that includes
personal information regarding Petitioner.
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

inesign DocumentC IDas: e6 813:2543-3v6vO-0-000D5F78--U4NFJ8 1 - 8 D59o3cu-FmAeDn7t B2C9 9 9 BF7ile4d7 02/24/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEAN LOPRESTO,
Petitioner, No. 24-57V
Chief Special Master Corcoran
ECF
V,
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
l. Jean LoPresto {44petitioncr'') 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 seasonal influenza ("flu") and tetanus, diphtheria, and acellular pertussis ("Tdap") vaccines,
which are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received both flu and Tdap vaccines on March 4, 2023.
3. The vaccines were administered within the United States.
4. Petitioner alleges she suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") within the time frame set forth in the Table following administration of the flu and
Tdap vaccines, and that petitioner 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 on petitioner's behalf because of the alleged injury.
he signed document can be validated at https://app.vinesign.comNerify

Case 1:24-vv-00057-UNJ Document 29 Filed 02/24/25 Page 4 of 7
6. 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
petitioner's current condition is a sequela 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 of judgment 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $20,250.00 in the form 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-2 l (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.
J 0. Petitioner and petitioner's 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.
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Case 1:24-vv-00057-UNJ Document 29 Filed 02/24/25 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pw·suant 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 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-15(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, does forever irrevocably and unconditionally release, acquit and di,scharge 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-10 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 vaccinations administered on
March 4, 2023, as alleged in a petition for vaccine compensation filed on or about January 17,
2024, in the United States Court of Federal Claims as petition No. 24-57V.
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.
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Case 1:24-vv-00057-UNJ Document 29 Filed 02/24/25 Page 6 of 7
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 any vaccine alleged in the petition caused
petitioner's alleged injury or any other injury or any of petitioner's 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
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Case 1:24-vv-00057-UNJ Document 29 Filed 02/24/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
JEAN LOPRESTO
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~4fF==
.. -A:d--e~~PCJ, lMt1_~
LEIGH.fINFER HEATHER L. PEARLMAN
Muller Brazil Deputy Director
715 Twining Road Torts Branch
Suite 208 Civil Division
Dresher, PA 19025 U.S. Department of Justice
Phone: (215) 885-1655 P.O. Box 146
Email: leigh@mullerbrazil.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by Jeffrey
S. Beach •S
Beach -5
Date: 2024.11.1310:22:3:? t
______ -os·oo· or
CAPT GEORGE REED GRIMES, MD, MPH BENJAMIN R. EISENBERG
Director, Division ofinjury 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, 08W-25A 202-514-4074
Rockville, MD 20857 benjamin.eisenberg@usdoj.gov
Dated: Nov. 2.S, 2.01&.\
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