VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00920
Package ID: USCOURTS-cofc-1_24-vv-00920
Petitioner: Tina Rogers
Filed: 2024-06-14
Decided: 2025-08-05
Vaccine: influenza
Vaccination date: 2022-11-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 42014

AI-assisted case summary:
Tina Rogers filed a petition for compensation under the National Vaccine Injury Compensation Program on June 14, 2024, alleging injury from an influenza vaccine received on November 14, 2022. The vaccine is listed on the Vaccine Injury Table. Rogers claimed she suffered a shoulder injury related to vaccine administration (SIRVA) within the Table's timeframe and experienced residual effects for over six months. The respondent, the Secretary of Health and Human Services, denied that Rogers sustained a SIRVA Table injury or that the vaccine caused her condition. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Corcoran adopted the stipulation, awarding Rogers a lump sum of $42,014.04. This amount is intended to cover all damages available under the Vaccine Act. The decision notes that the parties will submit to further proceedings to award reasonable attorneys' fees and costs. The stipulation releases the United States and the Secretary from further claims related to this specific vaccination.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00920-0
Date issued/filed: 2025-08-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/01/2025) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00920-UNJ Document 28 Filed 08/05/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0920V
TINA ROGERS, Chief Special Master Corcoran
Petitioner,
v. Filed: July 1, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
James Connor Daughton, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On June 14, 2024, Tina Rogersfiled a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). On November 14, 2022, Petitioner received an influenza (“flu”) vaccine, which
vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner
alleges that Petitioner suffered a shoulder injury related to vaccine administration
(“SIRVA”) within the time period set forth in the Table following administration of the flu
vaccine. Petitioner further alleges that Petitioner experienced the residual effects of this
alleged injury for more than six months.
1Because 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.
2National 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-00920-UNJ Document 28 Filed 08/05/25 Page 2 of 7
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that
Petitioner’s alleged shoulder injury or its residual effects were caused by the flu vaccine;
and denies that the flu vaccine caused Petitioner any other injury or Petitioner’s current
condition.
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 $42,014.04, 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 In attaching the parties’ joint stipulation, I have omitted the last page – a VineSign form that includes
personal information regarding Petitioner.
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-00920-UNJ Document 28 Filed 08/05/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TINA ROGERS,
Petitioner,
v.
No. 24-920 (ECF)
SECRETARY OF HEALTH
Chief Special Master Brian H. Corcoran
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Tina Rogers (“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 allegedly related to petitioner’s receipt
of an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on November 14, 2022.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine
administration (“SIRVA”) within the time period set forth in the Table following administration
of the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the
alleged injury 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 the alleged injury.

Case 1:24-vv-00920-UNJ Document 28 Filed 08/05/25 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that
petitioner’s alleged shoulder injury or its residual effects were caused by the flu vaccine; and
denies that the flu vaccine caused petitioner any other injury or petitioner’s current condition.
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)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $42,014.04 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 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-21(a)(1), 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-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.
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Case 1:24-vv-00920-UNJ Document 28 Filed 08/05/25 Page 5 of 7
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 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-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, 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., 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
November 14, 2022, as alleged by petitioner in a petition for vaccine compensation filed on or
about June 14, 2024, in the United States Court of Federal Claims as petition No. 24-920V.
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.
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Case 1:24-vv-00920-UNJ Document 28 Filed 08/05/25 Page 6 of 7
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, 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 caused petitioner’s alleged injury or
any other injury or petitioner’s current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
/
/
/
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Case 1:24-vv-00920-UNJ Document 28 Filed 08/05/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
TINA ROGERS
AT IORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
PETITIZ
AN--~ ½--9--e.u.J»V'-
MAXIMILLIAN J. MULLER, ESQ. HEA THER L. PEARLMAN
MULLER BRAZIL Deputy Director
715 Twining Road, Suit 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
max@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE AT IORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
s.
rey
Jeff Digitally signed by
-s
Jeffrey S. Beach
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Beach Date:2025.06.13
6, or
______ 14:03:42-04'00'
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CAPT GEORGE REED GRIMES, r,..m, MPH
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) 305-3907
Rockville, Iv1D 20857 james.c.daughton@usdoj.gov
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