VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00814
Package ID: USCOURTS-cofc-1_24-vv-00814
Petitioner: Rachel Tupitza
Filed: 2024-05-28
Decided: 2026-01-20
Vaccine: influenza
Vaccination date: 2022-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85300

AI-assisted case summary:
On May 28, 2024, Rachel Tupitza filed a petition alleging that an influenza vaccine administered on October 2, 2022 caused a shoulder injury related to vaccine administration.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 22, 2025, finding Ms. Tupitza entitled to compensation for a Table SIRVA. The public entitlement ruling and damages proffer do not provide the first symptom, treatment visits, imaging, injections, therapy, or residual limitations.

On January 20, 2026, Chief Special Master Corcoran adopted respondent's damages proffer. Ms. Tupitza was awarded $85,000.00 for pain and suffering and $300.00 in past unreimbursed expenses, for a total lump sum of $85,300.00.

Theory of causation field:
Influenza vaccine October 2, 2022 causing Table SIRVA; adult, exact age not stated. ENTITLEMENT GRANTED; COMPENSATED. Public rulings lack clinical chronology. Award $85,000 pain/suffering + $300 expenses = $85,300. Chief SM Brian H. Corcoran; petition May 28, 2024; entitlement December 22, 2025; damages January 20, 2026.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00814-0
Date issued/filed: 2026-02-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/22/2025) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00814-UNJ Document 42 Filed 02/04/26 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0814V
RACHEL TUPITZA, Chief Special Master Corcoran
Petitioner, Filed: December 22, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 28, 2024, Rachel Tupitza 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 that she suffered a shoulder injury related to
vaccination (“SIRVA”) resulting from an influenza vaccine received on October 2, 2022.
Petition at 1. Petitioner further alleges that the vaccine was administered in the United
States, she suffered residual effects of her condition for more than six months, and neither
Petitioner, nor any other party, has ever filed any action for her vaccine-related injury or
received compensation in the form of an award or settlement for her vaccine-related
injury. Petition at ¶¶ 2, 23, 26, 27. 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-00814-UNJ Document 42 Filed 02/04/26 Page 2 of 2
On December 19, 2025, 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 agrees that Petitioner’s alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table in that “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 [were] 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.”
Id. at 5. Respondent further agrees that the records demonstrate that Petitioner suffered
the residual effects of her condition for more than six months and has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id. at 5-6.
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-00814-1
Date issued/filed: 2026-02-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/20/2026) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00814-UNJ Document 43 Filed 02/20/26 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0814V
RACHEL TUPITZA, Chief Special Master Corcoran
Petitioner, Filed: January 20, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Nathaniel Trager, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 28, 2024, Rachel Tupitza 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 that she suffered a shoulder injury related to
vaccination (“SIRVA”) resulting from an influenza vaccine received on October 2, 2022.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 22, 2025, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 15, 2026, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $85,300.00.
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
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-00814-UNJ Document 43 Filed 02/20/26 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $85,300.00 (comprised of $85,000.00 for pain and suffering and
$300.00 for past unreimbursable expenses), 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 Section
15(a).
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-00814-UNJ Document 43 Filed 02/20/26 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RACHEL TUPITZA,
Petitioner,
v. No. 24-814V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
On May 28, 2024, Rachel Tupitza (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that she suffered a shoulder injury related to vaccine administration
(“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as the result of an
influenza (“flu”) vaccination received on October 2, 2022. Petition at 1. On December 19,
2025, the Secretary of Health and Human Services (“respondent”) filed a Vaccine Rule 4(c)
report, concluding that this case is appropriate for compensation under the terms of the Act for a
Table SIRVA. See ECF No. 31. On December 22, 2025, Chief Special Master Corcoran issued
a ruling on entitlement, finding petitioner entitled to compensation for a Table SIRVA. See ECF
No. 32.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following:
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:24-vv-00814-UNJ Document 43 Filed 02/20/26 Page 4 of 5
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $300.00. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment, as described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following:2
A lump sum payment of $85,300.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Rachel Tupitza.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
JONATHAN D. GUYNN
Acting Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.
2

Case 1:24-vv-00814-UNJ Document 43 Filed 02/20/26 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ NATHANIEL M. TRAGER
NATHANIEL M. TRAGER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3912
nathaniel.trager@usdoj.gov
Dated: January 15, 2026
3