VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00186
Package ID: USCOURTS-cofc-1_24-vv-00186
Petitioner: Jennifer Kistler
Filed: 2024-02-07
Decided: 2025-05-16
Vaccine: influenza
Vaccination date: 2022-10-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Jennifer Kistler filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 7, 2022. The petition stated that the vaccine was administered in the United States, her SIRVA symptoms persisted for more than six months, and no prior action or compensation had been sought for this injury. Respondent denied that Ms. Kistler sustained a Table SIRVA injury, denied that the vaccine caused her injury, and denied that her condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms. Kistler a lump sum of $20,000.00 for all items of damages available under the Vaccine Act. This amount is to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was construed as a full and complete negotiated settlement of liability and damages, releasing the United States and the Secretary of Health and Human Services from further claims related to this vaccination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00186-0
Date issued/filed: 2025-05-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/15/2025) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00186-UNJ Document 30 Filed 05/16/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0186V
JENNIFER KISTLER, Chief Special Master Corcoran
Petitioner, Filed: April 15, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On February 7, 2024, Jennifer Kistler 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 an influenza vaccine received on October 7, 2022.
Petition at 1; Stipulation, filed April 15, 2025, at ¶¶ 2-4. Petitioner further alleges that the
vaccine was administered in the United States, her SIRVA symptoms persisted for more
than six months, and neither Petitioner, nor any other party, has ever filed any action, or
received compensation in the form of an award or settlement, for Petitioner’s vaccine-
related injury. Petition at ¶¶ 1, 6-8; Stipulation at ¶¶ 3-5. “Respondent denies that
petitioner sustained a Table SIRVA 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.
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-00186-UNJ Document 30 Filed 05/16/25 Page 2 of 7
Nevertheless, on April 15, 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 $20,000.00, 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.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 1:24-vv-00186-UNJ Document 30 Filed 05/16/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JENNIFER KISTLER,
Petitioner, No. 24-186V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEAL TH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
l. On February 7, 2024, Jennifer Kistler ("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 a seasonal influenza ("flu") vaccine, which is contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.J(a).
2. Petitioner received the flu vaccine on October 7, 2022.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered from a shoulder injury related to vaccine
administration ("SIRVA") as a result of receiving the flu vaccine. Petitioner 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 as a result of her condition.
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Case 1:24-vv-00186-UNJ Document 30 Filed 05/16/25 Page 4 of 7
6. Respondent denies that petitioner sustained a Table SIRVA injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition i~ a sequela ofa vaccine-related injwy.
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 Hwnan Services will issue
the following vaccine compensation payment:
A lump sum of $20,000.00 to be paid through an ACH deposit to petitioner's
counsel's IOLTA accotmt for prompt disbursement to petitioner. This ammmt
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 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
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-00186-UNJ Document 30 Filed 05/16/25 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amowits awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-1 S(i), subject
to the availability ofs ufficient 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-1 S(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 ofs ervices, 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 persona) injuries to or death of petitioner resulting
from, or alleged to have resulted from the flu vaccination administered on October 7, 2022, as
alleged by petitioner in a petition for vaccine compensation filed on or about February 7, 2024,
in the United States Court of Federal Claims as petition No. 24-186V.
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-00186-UNJ Document 30 Filed 05/16/25 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 Injwy 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 shaJJ not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the
flu vaccine caused any other injury; or that her current condition is a sequela of a vaccine-related
injury.
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-00186-UNJ Document 30 Filed 05/16/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
JENNIFER KISTLER
ATTORNEY OF RECORD FOR AUTIIORIZED REPRESENTATIVE
PETITIONER: OF THE ATIORNEY GENERAL:
~ ki..---......- - .. ~ ~ ~ ~ntlc---
LAURA LEVENBERG HEATHERL.P~MAN
Muller Brazil Deputy Director
715 Twining Road, Suite 208 Civil Division, Torts Branch
Dresher, PA 19025 U.S. Department of Justice
Tel: (215) 885-1655 P.O. Box 146
Fax: (215) 885-1644 Benjamin Franklin Station
laura@mul1erbrazi).com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
J ff S Olgltally signed by
e rey •
Jeffrey S. Beach •S
.'j)-Otlt-/
Be ac h -5 Date: 2025.04.0S for ~)\A
12:s2:49-o4'00'
CAPT GEORGE REED GRIMES, MD, MPH GABRIELLE M. FIELDING - u
Director, Division oflnjury Assistant Director
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 Tel: (202) 616-4359
5600 Fishers Lane, 08W-25A GabrieUe.Fielding@usdoi.gov
Rockville, MD 20857
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