VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00747
Package ID: USCOURTS-cofc-1_24-vv-00747
Petitioner: Joan Western
Filed: 2024-05-13
Decided: 2025-08-20
Vaccine: influenza
Vaccination date: 2022-10-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 8500

AI-assisted case summary:
On May 13, 2024, Joan Western filed a petition alleging that an influenza vaccination administered in her left arm on October 31, 2022 caused a shoulder injury related to vaccine administration. The stipulation also referenced a COVID-19 vaccination given the same day and later flu and COVID booster vaccinations on November 28, 2023; the COVID-related releases were outside the Vaccine Program.

The public stipulation provides limited clinical detail. It states that Ms. Western alleged a SIRVA lasting longer than six months. Respondent denied that she suffered a Table SIRVA, denied that the flu vaccine caused any shoulder injury or other injury, and denied vaccine-related sequelae.

On August 20, 2025, Chief Special Master Brian H. Corcoran adopted the parties' stipulation and awarded Ms. Western $8,500.00 in a lump sum, payable by ACH deposit to counsel's IOLTA account for prompt disbursement. Ms. Western was represented by Jubaile Abila of Groth Law.

Theory of causation field:
Influenza vaccine, October 31, 2022, adult exact age not stated, alleged left arm SIRVA; public stipulation also referenced same-day COVID-19 vaccination and a later November 28, 2023 flu/COVID booster release outside the VICP. COMPENSATED by stipulation for $8,500. Respondent denied Table SIRVA, causation, and vaccine-related sequelae. Chief Special Master Corcoran, August 20, 2025. Attorney Jubaile Abila, Groth Law.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00747-0
Date issued/filed: 2025-10-01
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/20/2025) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00747-UNJ Document 33 Filed 10/01/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0747V
JOAN WESTERN,
Chief Special Master Corcoran
Petitioner,
v. Filed: August 20, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jubaile Abila, Groth Law Firm S.C., Brookfield, WI, for Petitioner.
Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 22, 2023, Joan Western 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”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on October 31, 2022. Petition at ¶¶ 2, 19; Stipulation, filed Aug. 20, 2025, ¶¶ 1-
2, 4. Petitioner further alleges that she received the vaccine within the United States, that
she suffered the residual effects of the SIRVA for more than six months, and that neither
she nor any other party has filed a civil action or received compensation for her SIRVA,
alleged as vaccine caused. Petition at ¶¶ 2, 20-21; Stipulation ¶¶ 3-5. “Respondent
denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused
[P]etitioner’s alleged SIRVA, or any injury; and denies that [P]etitioner’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-00747-UNJ Document 33 Filed 10/01/25 Page 2 of 8
Nevertheless, on August 20, 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 $8,500.00, 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-00747-UNJ Document 33 Filed 10/01/25 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOAN WESTERN,
Petitioner,
v. No. 24-747V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Joan Western ("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 the 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 a flu vaccination in her left arm on October 31, 2022. 1
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that she sustained a Table shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
1 On October 31, 2022, petitioner also received a COVID-19 vaccine in her left arm. On
November 28, 2023, petitioner received a flu vaccine and a COVID-19 booster vaccine in her
left arm. 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 COVJD-19 countenneasures,
including vaccines, may be compensable under the Countermeasures Injury Compensation
Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020).,
1

Case 1:24-vv-00747-UNJ Document 33 Filed 10/01/25 Page 4 of 8
of the vaccine. Petitioner 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 condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that petitioner's
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 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-21 (a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum payment of $8,500.00 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-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.
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
2

Case 1:24-vv-00747-UNJ Document 33 Filed 10/01/25 Page 5 of 8
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
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 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 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 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-15(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, 2022, and November 28, 2023 (ii) that petitioner has had, now has,
or hereafter may have with respect to the injury that gave rise to the petition for vaccine
3

Case 1:24-vv-00747-UNJ Document 33 Filed 10/01/25 Page 6 of 8
compensation filed on or about May 13, 2024, in the United States Court of Federal Claims as
petition No. 24-747V; 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), for a claim alleging that a covered
countermeasure, including the COVID-19 vaccinations administered on October 31, 2022 and
November 28, 2023, on their own or in combination with the flu vaccinations administered on
October 31, 2022 and November 28, 2023, caused or seriously aggravated the injuries that were
the subject of the petition for vaccine compensation filed on or about May 13, 2024, in the
United States Court of Federal Claims as petition No. 24-747V, 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 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,
2 After entry ofj udgment 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 her CICP claim and waiver of any potential compensation under the CICP.
4

Case 1:24-vv-00747-UNJ Document 33 Filed 10/01/25 Page 7 of 8
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
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 or any other vaccination caused
petitioner's alleged SIRVA or any other injury or petitioner's current condition, or that petitioner
suffered an injury contained in the Vaccine Injury Table.
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-00747-UNJ Document 33 Filed 10/01/25 Page 8 of 8
Respectfully submitted,
PETITIONER:
JOAN WESTERN
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
'
~/'L -,.
JUB~ HEATHER L. PEARLMAN
Groth Law Firm, S.C. Deputy Director
13105 West Bluemound Road, Suite 100 Torts Branch
Brookfield, WI 53005 Civil Division
jubaile@grothlawfinn.com U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes -
OigltallyslgnedbyGeorgeR.
Grlmes-S16
S1 6
~le: 2025.07.30 10-.3-4:20-04'00'
iENEA.
CAPT GEORGE REED GRIMES, MD, MPH FIRIPPIS
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
5600 Fishers Lane, 08W-25A (202) 305-3250
Rockville, MD 20857 irene.a.firippis@usdoj.gov
6