VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00507
Package ID: USCOURTS-cofc-1_24-vv-00507
Petitioner: Michelle Papa
Filed: 2024-12-31
Decided: 2025-03-12
Vaccine: influenza
Vaccination date: 2022-10-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47013

AI-assisted case summary:
Michelle Papa filed a petition for vaccine compensation on December 31, 2024, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 31, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Papa is entitled to compensation. The respondent confirmed that her injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior history of shoulder issues, pain onset within 48 hours of vaccination, pain limited to the injection site, and no other identified cause. The respondent also confirmed that Ms. Papa suffered residual effects for more than six months. Subsequently, on January 28, 2025, the parties filed a joint stipulation agreeing to an award of compensation. The court adopted the stipulation, awarding Ms. Papa a lump sum of $47,013.60. This amount represents compensation for all damages available under the Vaccine Act. The decision was issued on March 12, 2025.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00507-0
Date issued/filed: 2025-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/31/2024) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00507-UNJ Document 21 Filed 02/05/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-507V
MICHELLE PAPA, Chief Special Master Corcoran
Petitioner, Filed: December 31, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica E. Choper, Britcher Leone and Sergio, LLC, Glen Rock, NJ, for Petitioner.
Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 4, 2024, Michelle Papa 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 Table injury - shoulder injury related
to vaccine administration (“SIRVA”) as a result of the administration of an influenza (“flu”)
vaccination on October 31, 2022. Petition at 1. Petitioner further alleges that there has
been no prior award or settlement of a civil action on her behalf as a result of her injury.
Petition at ¶ 17. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
1 Because this Ruling 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 Ruling 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-00507-UNJ Document 21 Filed 02/05/25 Page 2 of 2
On December 26, 2024, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent states that
DICP [the Division of Injury Compensation Programs, Department of Health
and Human Services] has reviewed the petition and medical records filed in
this case and has concluded that compensation is appropriate. DICP has
concluded that petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table. Specifically, petitioner had no history
of pain, inflammation, or dysfunction of her left shoulder prior to vaccination;
pain occurred within forty-eight hours after receipt of an intramuscular
vaccination; pain and reduced range of motion was limited to the shoulder
in which the vaccine was administered; and no other condition or
abnormality has been identified to explain petitioner’s shoulder pain. 42
C.F.R. §§ 100.3(a), (c)(10). Additionally, based on the medical records
outlined above, petitioner suffered the residual effects of her condition for
more than six months. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the
Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 4.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00507-1
Date issued/filed: 2025-03-12
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/05/2025) regarding 22 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00507-UNJ Document 28 Filed 03/12/25 Page 1 of 8
(cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37)
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-507V
MICHELLE PAPA, Chief Special Master Corcoran
Petitioner, Filed: February 5, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica E. Choper, Britcher Leone and Sergio, L.L.C., Glen Rock, N.J. for Petitioner.
Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 4, 2024, Michelle Papa 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 Table injury – shoulder injury related
to vaccine administration (“SIRVA”) as a result of the administration of an influenza ("flu")
vaccination on October 31, 2022. Stipulation filed January 28, 2025, at ¶¶ 1-2, 4; Petition
at 1. Petitioner further alleges that she received the vaccine in the United States, that she
suffered the residual effects of her injury for more than six months, and that there has
been no prior award or settlement of a civil action on her behalf as a result of her injury.
Stipulation at 3-6; see Petition 6-7.
On January 28, 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.
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-00507-UNJ Document 28 Filed 03/12/25 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation,3 I award the following
compensation:
A lump sum of $47,013.60 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 The docusign Certificate of Completion located at pages seven through ten of the parties’ Stipulation
has been 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-00507-UNJ Document 28 Filed 03/12/25 Page 3 of 8
Docusign Envelope ID: FC545O85-EE21-40O6-A328-46742A9A6B12
(cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37)
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHELLE PAPA,
Petitioner,
V. No. 24-507V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Michelle Papa, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 31, 2022. 1
3. The vaccination was administered within the United States.
4. Petitioner sustained a left shoulder injury related to vaccination administration
("SIRVA") within the time period set forth in the Table following receipt of the flu vaccine, and
1 On November 4, 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-00507-UNJ Document 28 Filed 03/12/25 Page 4 of 8
Docusign Envelope ID: FC545D85-EE21-40D6-A328-46742A9A6B12
experienced the residual effects of a SIRVA injury for more than six months.
5. There is not a preponderance of evidence demonstrating that petitioner's injury is due
to a factor unrelated to vaccination.
6. 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 petitioner's condition.
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA Table injury. Therefore, 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 $47,013.60 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 of judgment 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.
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-l 5(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
2

Case 1:24-vv-00507-UNJ Document 28 Filed 03/12/25 Page 5 of 8
Docusign Envelope ID: FC545D85-EE21-40D6-A328-46742A9A6812
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 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
l 5(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-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
petitioner resulting from, or that may be alleged to have resulted from, the vaccinations
administered on October 31 and November 4, 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 April 4, 2024, in the United States Court of Federal Claims as
3

Case 1:24-vv-00507-UNJ Document 28 Filed 03/12/25 Page 6 of 8
Docusign Envelope ID: FC545D85-EE21-40D6-A328-46742A9A6B12
petition No. 24-507V; 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
countermeasure, including the COVID-19 vaccination administered on November 4, 2022, on its
own or in combination with the flu vaccination administered on October 31, 2022, caused or
seriously aggravated the injuries that were the subject of the petition for vaccine compensation
filed on or about April 4, 2024, in the United States Court of Federal Claims as petition No. 24-
507V, including a shoulder injury, for which petitioner will 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 of judgment, 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 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 confo1mity 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
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-00507-UNJ Document 28 Filed 03/12/25 Page 7 of 8
Docusign Envelope ID: FC545D85-EE21-40D6-A328-46742A9A6B12
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 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. The 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 shoulder injury
or any other injury or her current condition; however, petitioner has satisfied the Table criteria to
establish entitlement to compensation.
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-00507-UNJ Document 28 Filed 03/12/25 Page 8 of 8
Docusign Envelope ID: FC545D85-EE21-40D6-A328-46742A9A6812
Respectfully submitted,
PETITIONER:
MICHELLE PAPA
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
' (J //?}
¼w&(f {{~ ,~A~'M~~riJiif-1/\~
• JESSICA E. CHO PER
Counsel for Petitioner Deputy Director
BRITCHER LEONE & SERGIO, LLC Torts Branch, Civil Division
55 Harristown Road U.S. Department of Justice
Glen Rock, NJ 07452 P.O. Box 146
jessica@blsattorneys.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. ~~
DigitallysignedbyJeffreyS.
Beach -5 Beach -5
for
Datec202S.Ol.1311:2l51-0S'OO'
CAPT GEORGE REED GRIMES, MD, MPH ~ ILLIAMSON
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services 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 202-616-1234
Rockville, Md 20857 jay.t.williamson@usdoj.gov
JA.N ~8 ;i0,,2_5
Dated:
1
6