VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00135
Package ID: USCOURTS-cofc-1_24-vv-00135
Petitioner: Gary Larson
Filed: 2024-01-29
Decided: 2026-03-06
Vaccine: influenza
Vaccination date: 2022-10-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
On January 29, 2024, Gary Larson filed a petition alleging that an influenza vaccination administered on October 12, 2022 caused a shoulder injury related to vaccine administration. He alleged that the vaccine was administered in the United States, that the injury occurred within the Vaccine Injury Table period, that residual effects lasted more than six months, and that no prior civil recovery had been made.

Respondent denied that Mr. Larson sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. The case resolved by stipulation, so the public record does not include a fuller treatment chronology.

On March 6, 2026, Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $60,000.00 as a lump sum payable through counsel's IOLTA account for prompt disbursement to Mr. Larson.

Theory of causation field:
Influenza vaccine on October 12, 2022, allegedly causing Table SIRVA; COMPENSATED by stipulation. Respondent denied Table injury, vaccine causation, and current sequelae. Public stipulation gives limited clinical detail. Award $60,000 lump sum. Chief SM Brian H. Corcoran; petition filed January 29, 2024; decision March 6, 2026.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00135-0
Date issued/filed: 2026-04-09
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/06/2026) regarding 41 DECISION Stipulation/Proffer. ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00135-UNJ Document 48 Filed 04/09/26 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-135V
GARY LARSON, Chief Special Master Corcoran
Petitioner, Filed: March 6, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Anne Olins, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 29, 2024, Gary Larson 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of receiving an influenza vaccine on October 12,
2022. Petition at 1; Stipulation, filed at February 19, 2026, ¶¶ 1, 2. Petitioner further
alleges that the vaccine was administered within the United States, that he sustained an
injury within the time period set forth in the Vaccine Injury Table, that he experienced the
residual effects of his condition for more than six months, and that there has been no
award or settlement of a civil action for damages on his behalf as a result of his injury.
Petition at 1, 4; Stipulation at ¶¶ 1-5. 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 his 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 1:24-vv-00135-UNJ Document 48 Filed 04/09/26 Page 2 of 8
Nevertheless, on February 19, 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 $60,000.00, 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 X nintex AssureSign signature pages located at pages 7 and 8 are 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 1:24-vv-00135-UNJ Document 48 Filed 04/09/26 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GARY LARSON,
Petitioner, No. 24-13SV
Chief Special Master Corcoran
ECF
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Gary Larson ("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 an influenza ("flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on October 12, 2022. 1
3. The vaccine was administered within the United States.
1 On October 21, 2022, petitioner received a COVID-19 vaccine. Vaccines against COVID-19
are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. §
100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed.
Reg. 15198, 15202 (March 17, 2020).

Case 1:24-vv-00135-UNJ Document 48 Filed 04/09/26 Page 4 of 8
4. Petitioner alleges that petitioner sustained a SIRVA within the time period set forth in
the Table following administration of the vaccine. Petitioner further alleges that petitioner
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 petitioner's behalf as a result of the alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged SIRVA, 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 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lwnp sum payment of $60,000.00 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-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-2l(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.
2

Case 1:24-vv-00135-UNJ Document 48 Filed 04/09/26 Page 5 of 8
10. 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.
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-l5(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 attorney's 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-l 5(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, (a) 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
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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
3

Case 1:24-vv-00135-UNJ Document 48 Filed 04/09/26 Page 6 of 8
petitioner resulting from, or that may be aJleged to have resulted from, the vaccination
administered on October 12, 2022, and (ii) that petitioner has had, now has, or hereafter may
have with respect to the injury that gave rise to the petition for vaccine compensation filed on or
about January 29, 2024, in the United States Court of Federal Claims as petition No. 24-135V;
and (b) waives any and all rights to any compensation that may be available under the
Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action
under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countenneasure, including the
COVID-19 vaccination administered on October 21, 2022, on its own or in combination with the
flu vaccination administered on October 12, 2022, caused or seriously aggravated the injuries
that were the subject of the petition for vaccine compensation filed on or about January 29, 2024,
in the United States Court of Federal Claims as petition 24-l 35V, including a(n) SIRVA, for
which petitioner wil1 receive compensation pursuant to this Stipulation. If petitioner has such a
claim currently pending with the CICP, petitioner hereby withdraws such claim for
compensation in the CICP.2 If no claim for compensation has been filed in the CICP 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 CICP.
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 confonnity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
4

Case 1:24-vv-00135-UNJ Document 48 Filed 04/09/26 Page 7 of 8
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 SIRVA
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 equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:24-vv-00135-UNJ Document 48 Filed 04/09/26 Page 8 of 8
Respectfully submitted,
PETITIONER:
GARY LARSON
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
_ ____.__ ______ D/ ' _ I kh > 0 - ~ , \ f- vkv~~~
JES C. HUFF HEATHERL.PEARLMAN
mctlaw Deputy Director
1325 4th Ave. Suite 1730 Torts Branch
Seattle, WA 98101 Civil Division
(888) 952-5242 U.S. Department of Justice
jhuff@mctlaw.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTII RESPONDENT:
AND HUMAN SERVICES:
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j effrey $. ~ ~~gned by Jeffrey
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-----· -os·oo: or
CAPT GEORGE REED GRIMES, MD, MPH MARGARET ARMSTRONG
Director, Division of Injury 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, l4W-18 (202) 616-4043
Rockville, MD 20857 margaret.armstrong@usdoj.gov
6