VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00363
Package ID: USCOURTS-cofc-1_24-vv-00363
Petitioner: Shannon Pesce
Filed: 2024-03-06
Decided: 2025-09-08
Vaccine: influenza
Vaccination date: 2022-11-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Shannon Pesce filed a petition for vaccine compensation on March 6, 2024, alleging injury from an influenza vaccine received on November 10, 2022. She claimed to have suffered a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that Petitioner sustained a Table SIRVA injury or that the vaccine caused her alleged shoulder injury. Despite these disagreements, the parties filed a joint stipulation to settle the case. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Pursuant to the stipulation, Shannon Pesce was awarded a lump sum of $35,000.00 as compensation for all items of damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00363-0
Date issued/filed: 2025-09-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/31/2025) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00363-UNJ Document 38 Filed 09/08/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0363V
SHANNON PESCE, Chief Special Master Corcoran
Petitioner,
v. Filed: July 31, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Christopher J. Webb, Black McLaren Jones Ryland & Griffee, Memphis, TN, for
Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 6, 2024, Shannon Pesce 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 10, 2022, Petitioner received an influenza (“flu”) vaccine,
which vaccine is 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”) as a result of receiving the flu vaccine. Petitioner further alleges that she
experienced the residual effects of this condition 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-00363-UNJ Document 38 Filed 09/08/25 Page 2 of 7
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.
Nevertheless, on July 31, 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 $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. 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-00363-UNJ Document 38 Filed 09/08/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHANNON PESCE,
Petitioner, No. 24-363V
Chief Special Master Corcoran
V. ECF
SECRETA RY OF HEAL1 1-1 AND
HUMAN SERVICES,
Respondent
STIPULATION
The parties hereby stipulate to the following matters:
I. On March 6, 2024, Shannon Pesce ("petitioner") filed a petition for vaccine
compensation under the National Vaccine lnjwy Compensation Program, 42 U.S.C. §300aa-10
to-34 (the "Vaccine Programj. The petition seeks compensation for injuries allegedly related
to petitioner's receipt of an influem.a ("flu'') vaccine, which vaccine is contained in the Vaccine
Injwy Table (the "Table"), 42 C.F.R. § 100.J(a).
2. Petitioner alleges she received the flu vaccine in her right arm on November 10,
2022.1
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 further alleges that
she experienced the residual effects of this condition for more than six months.
1 Petitioner's vaccination administration record reflects that she received the flu vaccination in
her left arm.
1

Case 1:24-vv-00363-UNJ Document 38 Filed 09/08/25 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result ofh er condition.
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 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 oft his 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 $35,000.00 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.
I 0. 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-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
2

Case 1:24-vv-00363-UNJ Document 38 Filed 09/08/25 Page 5 of 7
State health benefits programs (other than Title XIX oft he Social Secwity 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-15(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 of4 2 U.S.C. §300aa-15(a) and (d), and subject to the conditions of4 2 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payment 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 Hwnan Services from any and all actions or causes ofa ction
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
ofw hatever 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. § 300 aa-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 ofp etitioner resulting
fro~ or alleged to have resulted from the flu vaccination ad.ministered on November 10, 2022,
as alleged by petitioner in a petition for vaccine compensation filed on or about March 6, 2024,
in the United States Court of Federal Claims as petition No. 24-363V.
3

Case 1:24-vv-00363-UNJ Document 38 Filed 09/08/25 Page 6 of 7
14. Ifp etitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both oft he parties.
15. Ift he 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 confonnity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties1
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 amend~ 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
amowit 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 petitioner sustained a SIRVA Table injury; that the
flu vaccine caused petitioner1s shoulder injury or any other injury; or that her current condition is
a sequela ofa 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 STIPULA1 10N
4

Case 1:24-vv-00363-UNJ Document 38 Filed 09/08/25 Page 7 of 7
RespectfuUy submitted,
S ~ Q e s ~
SHANNON PESCE
A1TORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
o.\.HMA~ <
iiiii CcLk½AA-
CHRIS J. WEBB THERL. P MAN
Black McLaren Jones Ryland & Griffee, P .C. Deputy Director
530 Oak Court Drive Torts Branch
Suite360 Civil Division
Memphis, 1N 38117 U.S. Department ofJ ustice
Tel:(901)762-0535 P.O. Box 146
F.mail: cwebb@blackmclaw.com Benjamin Franklin Station
Washin~ DC 20044-0146
AUTHORIZED REPRESENTATIVE ATrORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
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CAPT GEORGE REED GRIMES, MD, MPH ~AKOVIC
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resourca and Services P.O. Box 146
. . .
Adm Benjamin Franklin Station
JDlstratiOll
U.S . .Depai tment ofH ealth Washington, DC 20044-0146
and Human Services Tel: (202) 616--2879
osw. .
S600 Fishers Lane. 2sA Email: Mary .E.Novakovic@usdoj.gov
RoclcviJte, MD 20857
5