VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00291 Package ID: USCOURTS-cofc-1_24-vv-00291 Petitioner: Epiphanie Musabyemariya Filed: 2024-02-23 Decided: 2025-09-19 Vaccine: influenza Vaccination date: 2022-11-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: On February 23, 2024, Epiphanie Musabyemariya filed a petition alleging a shoulder injury related to vaccine administration after an influenza vaccination on November 2, 2022. She alleged residual effects lasting more than six months. Respondent denied that Ms. Musabyemariya sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that the flu vaccine caused her current condition. The public stipulation does not describe the onset, treatment, imaging, therapy, or functional details of the injury. Chief Special Master Brian H. Corcoran adopted the parties' stipulation on September 19, 2025. Ms. Musabyemariya was awarded $40,000.00, consisting of $35,000.00 through counsel's IOLTA account and $5,000.00 to satisfy a New York State Medicaid lien. She was represented by Christopher J. Webb of Black McLaren Jones Ryland & Griffee. Theory of causation field: Influenza vaccine, November 2, 2022, adult inferred, alleged SIRVA/Table injury or caused-in-fact injury with residual effects longer than six months. COMPENSATED by stipulation. Respondent denied Table SIRVA, flu causation, other injury, and current condition. Public stipulation gives no onset/treatment/imaging details. Award: $35,000 lump sum via counsel IOLTA plus $5,000 New York Medicaid lien, total $40,000. Chief Special Master Corcoran September 19, 2025. Attorney Christopher J. Webb; respondent Margaret Armstrong. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00291-0 Date issued/filed: 2025-10-23 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 09/19/2025) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00291-UNJ Document 35 Filed 10/23/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0291V EPIPHANIE MUSABYEMARIYA, Chief Special Master Corcoran Petitioner, Filed: September 19, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher J. Webb, Black McLaren Jones Ryland & Griffee, Memphis, TN, for Petitioner. Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 23, 2024, Ephiphanie Musabyemariya 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”) following an influenza vaccination she received on November 2, 2022. Petition at 1; Stipulation, filed at September 19, 2025, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual effects of her vaccine- related injury for more than six months. Petition at ¶ 28; Stipulation at ¶ 4. “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 the flu vaccine caused Petitioner’s current condition.” Stipulation at ¶ 6. Nevertheless, on September 19, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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-00291-UNJ Document 35 Filed 10/23/25 Page 2 of 8 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: (cid:120) A lump sum of $35,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8(A); and (cid:120) A lump sum of $5,000.00, in the form of a check payable jointly to Petitioner and New York State Department of Health, P.O. Box 415874, Boston, MA 02241-5874, Ref.: Epiphanie Musabyemariya; Recovery Case No. 249849, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the New York State Medicaid Program. Stipulation at ¶ 8(B). These amounts represent 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-00291-UNJ Document 35 Filed 10/23/25 Page 3 of 8 IN TIit: IINl'l't:D s-r A'n:s ( 'Olllt'I' 01-· n:ut:1u1. ( 'I.AIMS on·1c ·•: o•· st••:nAI, MAST.:HS EPll'IIANIE MUSAUYEMARIY A. Petitioner. No. 24•291V ChicfSr,ctial Master Corcoran v. ECI-' SECRETARY OF HEALTH ANI> HUMAN SERVICES. Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Epiphanie Musabycmariya ("petitioncrj filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the ..V accine Program;. The petition seeks compensation for injmies allegedly related to petitioner• s receipt of an influcma ("fluj vaccine, which vaccine is contained in the Vaccine Injury Table (the '7ablej, 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on November 2. 2022. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("SIRVA") within the time period set fonh in the Table, and/or that she suffered ..o ther injmies that represent a 'table injury' and/or" injmies that were cause(f.in•fact by the flu vaccination. Petitioner further alleges that petitioner suffered the residual effects oft he alleged injury for more than six months. Case 1:24-vv-00291-UNJ Document 35 Filed 10/23/25 Page 4 of 8 7. Maintain•"l! thtir ahm"t-statcd ~itions. lht partin newrthtln., now 8'J'« that the 1!1,qr.. hc-fwrm tht"m shall tic ,rttlcd and that a decision should he mtcml awardin~ lht «.fflilfflYhon cbcritied m Jlll'llD'arh I oft his Stipulauon. I. As 100C1 a practicable after an muy ofj ~r cfl«ring a decision consisccnc W1th lht tmns of this Stipulation. and after petitioner has filed an el«lion to receh,-e compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secrttary of Health and Human Services ,-ill issue the follo"'intz vaccine compmsa&.ion pl)fllCl'ltl for all dama,es thal would be available under 42 l'.S.C. § lOOaa-JS(a): A. A lump sum pa)'mcnt of SJ~.000.00 to be paid through an ACH deposit to petitioner's c:oumcrs IOL TA account for p-ompc disbursement to petitioner; and 8. A hanp sum of" .000-00. 1 rq,menting reimbursement ofa Medicaid liffl for services rendmd to petitioner by the New York Swc Medicaid Propam in the form ofa check payable jointly to petitioner and New York State Department of Heahb: NEW YORK STA TE DEPARlMENT OF HEAL Tif P.O. Box 41S874 8osaon. MA 02241-5874 Ref.: Epiphanit Musabyenwi)·a; Recovery Case No. 2498-19 1 lbs, amoutd 1cpesmts full satisfaction ofa ny right of~u siinmmt. c:laim, lien.« uu~ of action the New York Sta~ l>tpauunmt of Health and/or HMS, Int., ma) h,nc ~~Ml &n) ind1ndu.l.l • a mutt of any Mcdic&&d paymmlS made to or on bth.alf offr •rfwtit M~mwi>• • a mull of her alleged vaccint•ttlakd injury sutlmd Mor a~-ul Nl)\ffllh:r 2, 2tJ!2, unikr 'J 11k XIX of lht Sol:ial Security Atl, M 42 lJ.S.l'. § )Olbia• l ~(lt), (hi. 2 Case 1:24-vv-00291-UNJ Document 35 Filed 10/23/25 Page 5 of 8 ~- As Sllllm as p1'3Cticat,lt aOtr lhc mtry ofj udpnmt on entitlement in this ca.,e, and after rctiti