VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00983
Package ID: USCOURTS-cofc-1_24-vv-00983
Petitioner: Zenaida Viste
Filed: 2024-06-26
Decided: 2025-12-31
Vaccine: influenza
Vaccination date: 2022-09-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 42500

AI-assisted case summary:
On June 26, 2024, Zenaida Viste filed a petition alleging that an influenza vaccine administered on September 15, 2022 caused a shoulder injury related to vaccine administration.

Respondent denied that Ms. Viste sustained a Table SIRVA, denied that the flu vaccine caused her shoulder injury or any other injury, and denied that any current condition was a vaccine-related sequela. The public stipulation does not describe onset, treatment visits, imaging, injections, therapy, or remaining limitations.

The parties resolved the case by stipulation. On December 31, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Ms. Viste $42,500.00 as a lump sum through counsel's IOLTA account.

Theory of causation field:
Influenza vaccine September 15, 2022 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Award $42,500. Chief SM Brian H. Corcoran; petition June 26, 2024; decision December 31, 2025.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00983-0
Date issued/filed: 2026-01-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/31/2025) regarding 29 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00983-UNJ Document 33 Filed 01/30/26 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0983V
ZENAIDA VISTE, Chief Special Master Corcoran
Petitioner, Filed: December 31, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 26, 2024, Zenaida Viste 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 an influenza (“flu”) vaccine received on
September 15, 2022. Petition at 1; Stipulation, filed December 30, 2025, at ¶¶ 2-4.
Petitioner further alleges the vaccine was administered in the United States, she suffered
residual effects of her condition for more than six months, and there has been no prior
award or settlement of a civil action for damages on her behalf as a result of her condition.
Petitionat¶¶8, 46, 47;Stipulationat ¶¶ 3-5.“Respondent denies that petitioner sustained
a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder
injury, or any other injury; and denies that petitioner’s 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-00983-UNJ Document 33 Filed 01/30/26 Page 2 of 7
Nevertheless, on December 30, 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 $42,500.00, 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-00983-UNJ Document 33 Filed 01/30/26 Page 3 of 7
IN THE UNITE)) STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ZENAIDA VISTE,
Petitioner,
v. No. 24-983V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Zenaida Viste ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly 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 on September 15, 2022.
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
of the vaccine. Petitioner further alleges that she experienced the residual effects of her
condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civi I
action for damages on her behalf as a result of her condition.

Case 1:24-vv-00983-UNJ Document 33 Filed 01/30/26 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused petitioner's alleged shoulder injury, 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 the Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of the Stipulation, and after petitioner lrns tiled an election to receive
compensation pursuant to 42 U. S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum payment of $42,500.00 to be paid through an ACH deposit to
petitioner's counsel's IOLT A account for prompt disbursement to
petitioner. The 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 the case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § J00aa-21( a)( I), 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 the petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
the Stipulation is not for any items or services for which the Program is not primarily Ii able
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 progrnms, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 ct seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:24-vv-00983-UNJ Document 33 Filed 01/30/26 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of the 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 w1reimbursable expenses, the money
provided pursuant to the Stipulation will be used solely for the benefit or petitioner as
contemplated by a strict construction of 42 U.S.C. § JOOaa-15(a) and (d), and subject lo the
conditions of 42 U. S.C. § 300aa-l 5(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, 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 brnught in
the Court of Federal Clai,ns, under the National Vaccine r1 1jury Compensation Program, 42
U.S.C. § 300aa IO ct 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 vaccine administered on or about September 15, 2022, as
alleged by petitioner in a petition for vaccine compensation filed on June 26, 2024, in the United
States Court of Federal Claims as petition No. 24-983V.
14. If petitioner should die prior to entry of judgment, the 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 or the Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
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Case 1:24-vv-00983-UNJ Document 33 Filed 01/30/26 Page 6 of 7
with a decision that is in complete confoirnity with the terms of the Stipulation, then the parties'
settlement and the Stipulation shall be voidable at the sole discretion of either party.
16. The Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Childhood Vaccine Injury Act of 986, as a1r1ended,
J
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
the 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 the agreement.
17. Ther Stipulation shall not be construed as an admission by the United States or the
Secretary of I Icalth and Human Services that the nu vaccine caused petitioner's alleged shoulder
injury or any other injury or petitioner's current condition, or that petitioner suffered an injllry
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereL1nder shall apply eqL1ally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:24-vv-00983-UNJ Document 33 Filed 01/30/26 Page 7 of 7
Respectfully submitted,
PET~
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
d>Y-1 Qo; J.&1C::::
• J,A f A~ I ,0
HEATHER L. PEARLMAN
Jeffrey S. Pop & Associates Deputy Director
9150 Wi Is hire Blvd., Suite 241 Torts Branch
Beverly Hills, CA 90212 Civil Division
Phone: 310-273-5462 U.S. Department of Justice
jpop@poplawyer.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:
Jeffrey S. r: Digitally signed by Jeffrey '~,, r_ r.-v'V'?J .
As. -s
Beach
Beach -5 ; .:Dat~.:2025.12.1109:40:25 f:l WM-h0 Lf t c~
,. , :QS'OQ' far
CAPT GEORGE REED GRIMES, MD, MPH TYLER C. KING
Director, Division oflnjury 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, 14 W-18 (202) 305-0730
Rockville, MD 20857 Tyler.King@usdoj.gov
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