VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00611 Package ID: USCOURTS-cofc-1_24-vv-00611 Petitioner: Rene Ahern Filed: 2024-04-18 Decided: 2026-03-12 Vaccine: influenza Vaccination date: 2021-10-26 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: On April 18, 2024, Rene Ahern filed a petition alleging that an influenza vaccination administered on October 26, 2021 caused a shoulder injury related to vaccine administration. She alleged a Table SIRVA, residual effects lasting more than six months, and no prior civil award or settlement for the injury. Respondent denied that Ms. Ahern sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. The case resolved by stipulation, so the public decision does not include onset details, treatment history, imaging, injections, therapy, or expert opinions. On March 12, 2026, Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $50,000.00 as a lump sum payable through counsel's IOLTA account for prompt disbursement to Ms. Ahern. Theory of causation field: Influenza vaccine on October 26, 2021, allegedly causing SIRVA; COMPENSATED by stipulation. Respondent denied Table SIRVA, vaccine causation, and current sequelae. Public stipulation gives limited clinical detail. Award $50,000 lump sum. Chief SM Brian H. Corcoran, petition filed April 18, 2024; decision March 12, 2026. Attorney: Jessi Carin Huff, Maglio Christopher & Toale. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00611-0 Date issued/filed: 2026-04-24 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 03/12/2026) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00611-UNJ Document 37 Filed 04/24/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-611V RENE AHERN, Chief Special Master Corcoran Petitioner, Filed: March 12, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessi Carin Huff, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner. Eleanor Hanson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 18, 2024, Rene Ahern 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 receiving an influenza vaccine on October 26, 2021. Petition at 1; Stipulation, filed at March 6, 2026, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she sustained an injury within the time period set forth in the Vaccine Injury Table, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her 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 her 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-00611-UNJ Document 37 Filed 04/24/26 Page 2 of 8 Nevertheless, on March 6, 2026, the parties filed the attached joint stipulation stating that a decision should be entered awarding compensation.3 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 $50,000.00, 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 Nintex AssureSign signature page located at pages 6-7 is 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-00611-UNJ Document 37 Filed 04/24/26 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RENE AHERN, Petitioner, No. 24-611V Chief Special Master Corcoran ECF V. SECRETARY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPUI,ATIQN The parties hereby stipulate to the folJowing matters: l. Rene Ahem ("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 aJlegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "TabJeH), 42 C.F.R. § 100.J(a). 2. Petitioner received a flu vaccine on October 26, 2021. 3. The vaccine was administered within the United States. 4. Petitioner aJleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") following the vaccination within the time period set forth in the Table. She further 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 on her behalf as a result of her alleged injury. I Case 1:24-vv-00611-UNJ Document 37 Filed 04/24/26 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's aJleged 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 of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment for aJl damages that would be available Wlder 42 U.S.C. § 300aa-15(a): A lump sum ofSS0,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. 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. IO. 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 Wlder 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 State health benefits programs (other than Title XlX of the Social Security Act (42 U.S.C. 2 Case 1:24-vv-00611-UNJ Document 37 Filed 04/24/26 Page 5 of 8 § 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 unreimbursable 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-t 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 of services, expenses and aJI demands of whatever kind or nature) that have been brought, coutd 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. § JOOaa-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 of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 26, 2021, as alleged in a petition for vaccine compensation filed on April 18, 2024, in the United States Court of Federal Claims as petition No. 24-611 V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable 3 Case 1:24-vv-00611-UNJ Document 37 Filed 04/24/26 Page 6 of 8 upon proper notice to the Court on behalf of either or both of the parties. 1S . If the Chief Special Master fai)s to issue a decision in complete confonnity with the tenns of this Stipulation or if the Court of Federal C)aims 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 Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is abso1ute1y 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 c)ear)y 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 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 alleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. AU rights and obligations of petitioner hereunder shaJI apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:24-vv-00611-UNJ Document 37 Filed 04/24/26 Page 7 of 8 Respectfully submitted, PETfflONER: -- [ ~ ''"'". .... """''] -=- =-~===:::::::'=====---••Jlf.1»-••·...,_ .... ,rn..1: RENE AHERN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: J,:vc.UM.'li, Q~ HEATHER L. PEARLMAN me aw Deputy Director 1325 4th Ave, Suite 1730 Torts Branch Seattle, WA 98101 Civil Division Tel: 888-952-5242 U.S. Department of Justice E-mail: jhuff@mctlaw.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUfflORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes_; DigitallysignedbyGeorreR, '\ Gr...---S 16 S1 6 /, -0:ate: 2026.02.0S 16~: IO .05'00' CAPT GEORGE REED GRIMES, MD, MPH ELEANOR A. HANSON Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600FishersLane, 14W-18 Tel: (202) 305-1110 Rockville, MD 20857 E-mail: Eleanor.Hanson@usdoj.gov 5 Case 1:24-vv-00611-UNJ Document 37 Filed 04/24/26 Page 8 of 8 CERTIFICATE OF SERVICE I certify that today, March 6, 2026, a copy of the foregoing pleading was served by electronic mail to Jessi C. Huff at jhuff@mctlaw.com. Isl Irene A. Firiwis IRENE A. FIRIPPIS Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 305-3250 irene.a.firippis@usdoj.gov DA TED: March 6, 2026 r