VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00969
Package ID: USCOURTS-cofc-1_24-vv-00969
Petitioner: Heather Hurd
Filed: 2024-06-25
Decided: 2025-09-03
Vaccine: hepatitis B; Tdap
Vaccination date: 2023-06-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
On June 25, 2024, Heather Hurd filed a petition alleging that hepatitis B and Tdap vaccinations administered on June 16, 2023 caused a shoulder injury related to vaccine administration.

The public stipulation does not provide a detailed treatment history. It records that Ms. Hurd alleged a SIRVA lasting longer than six months, while respondent denied that she suffered a Table SIRVA, denied that either vaccine caused a shoulder injury or any other injury, and denied vaccine-related sequelae.

On September 3, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Ms. Hurd $30,000.00 in a lump sum for all damages available under the Vaccine Act, payable by ACH deposit to counsel's IOLTA account for prompt disbursement. She was represented by Kathleen Loucks of Lommen Abdo.

Theory of causation field:
Hepatitis B and Tdap vaccines, June 16, 2023, adult exact age not stated, alleged SIRVA. COMPENSATED by stipulation for $30,000. Respondent denied Table SIRVA, causation, and vaccine-related sequelae. The public stipulation provides limited clinical detail. Chief Special Master Corcoran, September 3, 2025. Attorney Kathleen Loucks, Lommen Abdo.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00969-0
Date issued/filed: 2025-10-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/03/2025) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00969-UNJ Document 38 Filed 10/06/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0969V
HEATHER HURD, Chief Special Master Corcoran
Petitioner, Filed: September 3, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 25, 2024, Heather Hurd 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”) resulting from Hepatitis B and tetanus diphtheria acellular
pertussis (“Tdap”) vaccines received on June 16, 2023. Petition at 1; Stipulation, filed
September 3, 2025,at ¶¶2-4.Petitioner further alleges the Hepatitis B and Tdap vaccines
were administered in the United States, and there has been no prior award or settlement
of a civil action for damages on her behalf as a result of her alleged injury. Petition at
¶¶ 1, 14, 15; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA
Table injury; denies that the vaccines 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.
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-00969-UNJ Document 38 Filed 10/06/25 Page 2 of 7
Nevertheless, on September 3, 2025,the parties filed the attachedjoint 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 $30,000.00, 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.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.
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Case 1:24-vv-00969-UNJ Document 38 Filed 10/06/25 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
HEATHER HURD,
Petitioner,
v. No. 24-969V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Heather Hurd ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injllry 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 a Hepatitis B ("Hep B") and a Tetanus, Diphtheria, and acellular Pertussis ("Tdap") vaccine,
which are vaccines contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a)
2. Petitioner received the Hep Band Tdap vaccines on June 16, 2023.
3. The vaccines were administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table, or in the alternative, that her alleged
shoulder injury was caused by the vaccines. She further alleges that she experienced the residual
effects of this condition for more than six months.

Case 1:24-vv-00969-UNJ Document 38 Filed 10/06/25 Page 4 of 7
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.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccines caused petitioner's alleged 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)(I ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $30,000.00 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-l 5{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-2l{a)(I), and an application, the parties will submit to further proceedings before
the special master to award reasonable atlorneys' fees and costs incun·ed in proceeding upon this
petition.
10. 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
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
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Case 1:24-vv-00969-UNJ Document 38 Filed 10/06/25 Page 5 of 7
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 attorney's 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. (n 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 all demands
of whatever kind or nature) that have been brought, could 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. § 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 Hep B and Tdap vaccinations administered on June
16, 2023, as alleged in a petition for vaccine compensation filed on or about June 25, 2024, in the
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Case 1:24-vv-00969-UNJ Document 38 Filed 10/06/25 Page 6 of 7
United States Court of Federal Claims as petition No. 24-969V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. lf the special master fails to issue a decision in complete confonnity 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 vaccines 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. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STJPULA TION
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Case 1:24-vv-00969-UNJ Document 38 Filed 10/06/25 Page 7 of 7
Respectfully submitted,
PETITIONER: ~
~ D
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~
~~Alb WV'-..
QLcM,
KATHLEEN M. LOUCKS HEATHER L. PEARLMAN
Lommen Abdo, P.A. Deputy Director
920 Second Ave South, Suite 1000 Torts Branch
Minneapolis, MN 55402 Civil Division
612-336-1277 U.S. Department of Justice
kloucks@lommen.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
S•
Jeffrey Digitally signed by
Jeffrey S. Beach-5
Be ac h -S. Date: 2025.07.17 ~ ~ w -
for
16:17:19-04'00'
CAPT GEORGE REED GRIMES, MD, MPH J. TRAVIS WILLIAMSON
Director, Division of Injury Trial At tomey
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services 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 202-598 .. 1099
Rockville, Md 20857 jay.t. wiHiamson@usdoj.gov
Dated:~ 1.ii, :t;):lfi"
5