VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00527
Package ID: USCOURTS-cofc-1_24-vv-00527
Petitioner: Scarlet Gardner
Filed: 2025-07-09
Decided: 2025-09-08
Vaccine: influenza
Vaccination date: 2022-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Scarlet Gardner filed a petition for compensation under the National Vaccine Injury Compensation Program on July 9, 2025, alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 24, 2022. The petition stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no civil action for damages had been settled or awarded. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite the denial, the parties filed a joint stipulation on July 1, 2025, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The court awarded Scarlet Gardner a lump sum of $80,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act. This award was to be paid through an ACH deposit to Petitioner’s counsel for prompt disbursement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00527-0
Date issued/filed: 2025-09-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/09/2025) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00527-UNJ Document 34 Filed 09/08/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-527V
SCARLET GARDNER, Chief Special Master Corcoran
Petitioner, Filed: July 9, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 8, 2024, Scarlet Gardner 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”) caused by an influenza (“flu”) vaccine administered on October
24, 2022. Petition at 1; Stipulation, filed at July 1, 2025, ¶¶ 1, 2. Petitioner further alleges
that the vaccine was administered within the United States, that she 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, 3; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a
SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury,
or any other injury; and denies that Petitioner’s 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-00527-UNJ Document 34 Filed 09/08/25 Page 2 of 7
Nevertheless, on July 1, 2025, the parties filed the attached joint stipulation,3
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 $80,000.00, 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 Vinesign details located at page six 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-00527-UNJ Document 34 Filed 09/08/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SCARLET GARDNER,
Petitioner,
No. 24-527V (ECF)
Chief Special Master Corcoran
V.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Scarlet Gardner, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influen:za vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3(a).
2. Petitioner received an influenza vaccine on October 24, 2022, in the left arm.
3. The vaccination was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA") as set forth in the Table. 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 petitioner's condition.

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