VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01040
Package ID: USCOURTS-cofc-1_24-vv-01040
Petitioner: Wanda Barragan
Filed: 2024-07-09
Decided: 2026-04-28
Vaccine: influenza
Vaccination date: 2022-01-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Wanda Barragan filed a petition for compensation under the National Vaccine Injury Compensation Program on July 9, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on January 20, 2022. She also received a COVID-19 vaccine on the same day. Barragan alleged residual effects of her condition for more than six months. Respondent denied that the flu vaccine caused her alleged SIRVA or any other injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Barragan a lump sum of $15,000.00 as compensation for all damages available under the program. The award is to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_24-vv-01040-0
Date issued/filed: 2026-06-01
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/28/2026) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:24-vv-01040-UNJ Document 42 Filed 06/01/26 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1040V
WANDA BARRAGAN, Chief Special Master Corcoran
Petitioner, Filed: April 28, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Christopher J. Webb, Black McLaren Jones Ryland & Griffee, Memphis, TN, for
Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 9, 2024, Wanda Barragan 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 January
20, 2022. Petition at 1; Stipulation, filed April 28, 2026, at ¶¶ 2-4. Petitioner further alleges
the vaccine was administered in the United States, she experienced 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 alleged injury. Petition at
¶¶ 2, 5-23; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA
Table injury; denies that the flu vaccine caused petitioner’s alleged SIRVA, or any other
injury; denies that petitioner’s alleged SIRVA or its residual effects were caused-in-fact
by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury or
petitioner’s current condition.” 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-01040-UNJ Document 42 Filed 06/01/26 Page 2 of 8
Nevertheless, on April 28, 2026, 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 $15,000.00, 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.
2

Case 1:24-vv-01040-UNJ Document 42 Filed 06/01/26 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
omcE OF SPECIAL MASTERS
WANDA BARRAGAN,
Petitioner, No. 24-1040V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SER.VICES.
Respondent.
SWULATIQN
The parties hereby stipulate to the following matters:
l. Wanda Barragan ("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 Injmy Table (the
-rabJe"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on January 20, 2022. 1
3. The vaccine was administered within the United States.
4. Petitioner alleges dw petitioner mmined a shoulder injury related to vaccine
adminis«;nwon ("'SIRVA") wilhin the Table timeframe following adminiuration of the vaccine.
1 On January 20, 2022, pctidoner also received a COVID-19 vaccine. Vaccines against COVID-
19 are not contained in the Vaccinelnjmy Table. See42 U.S.C. § 300aa-14and42 C.F.R.
§ J00.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under die Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),
claims for alleged iltjuries from COVII)..19 countermeasures, including vaccines. may be
compensable under the Count.ermeasura Injury Compensation Program ("CICP"). See 85 Fed.
Reg. 15198, 15202 (March 17, 2020).

Case 1:24-vv-01040-UNJ Document 42 Filed 06/01/26 Page 4 of 8
or in the alternative that she suffered a shoulder injury that was caused-in-fact by the flu vaccine.
Petitioner further alleges that petitioner experienced the residual effects oft his condition for
more than six months.
5. Petitioner represents that there bas been no prior award or settlement of a civil action
for damages on petitioner's behaJf as a result of the alleged injury.
6. Respondent denies that petitioner sustained a SIRV A Table injury; denies that the flu
vaccine caused pedtioncr's alleged SIR.VA. or any other injury; denies that petitioners cunent
condition is a sequelae ofa vaccine-related injury; denies that petitioner> s alleged SIRVA or its
residual effects were caused-in-fact by the flu vaccine; and denies dw the flu vaccine caused
petitioner any other injwy or petitioner,s current condition.
7. Maintaining their above-ctated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation descnbed 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 coinpensation
pumumtto 42 U.S.C. § 300aa•2l(a)( I). the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of SIS,• .0 0 to be paid through an ACH deposit to petitioner's
counsel's IOLT A account for prompt disbursement to petitioner. This amount
rcprc:sems compm.sation 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 timeJy election to receive compcnsa1ion pursuant to 42
U.S.C. § 300aa-2l(a)( I), and an application, the parties will submit to further proceedings before
2

Case 1:24-vv-01040-UNJ Document 42 Filed 06/01/26 Page 5 of 8
the special master to awud reasonable attorneys• fees and costs DlCIIITed in proCN')(Jing 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-J5(g), to the extent that payment.bas been made or can
reasonably be expected to be made under any State compensation programs, insurance policies.
Federal or State health beneffi& programs (othcr1ban Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that p,oyjde health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pW'SUallt to
paragraph 9 of dus Stipulauon will be made in accordance with 42 U.S.C. § 300aa-lS(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree md stipulate ~ except for any award
for attorneys? fees and litigation costa, and past unreimbursed expenses, the money provided
pursuant to this Stipwation 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-lS(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on hr.half ofp etitioner's heirs, executors, adminiSU'Btors, 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. cl~ damages, loss of services, expenses, and all
demands of whatever kind or nature) that have bee.o brought, could have been brought, or
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
3

Case 1:24-vv-01040-UNJ Document 42 Filed 06/01/26 Page 6 of 8
Compensation Program, 42 U.S.C. § 300aa-l 0 et seq., (i) on account of, or in any way growing
out of, any and all known or unknown, suspected or unsuspected personal iltjuries to or death of
petitioner-resulting from. or that may be alleged to have resulted fro~ the vacci natinns
administered on January 20, 2022, and (ii) that petitioner has~ now has. or bereafu:r may
have with respect to the iqjury that gave rise to the petition for vaccine compensation filed on or
about July 9. 2024. in the United States Court of Federal Claims as petition No. 24-1040V; and
(b) waives any and all rights to any compensation that may be available under the
Countermeasures Injury Compensation Program (CTCP), 42 U.S.C. § 247Ue (or an action
under 42 U.S.C. § 247~6d(d)), for a claim alleging that a covered countermeasure, including the
CO~19 vac:cinarioo administ«ed an January 20, 2022, on its own or in combination with the
flu vaccination adrnioisued on January 20 2022, caused or seriously aggravated the injuries that
were the subject oft he petition for-vaccine compcnsatfon filed on or about July 9, 2024, in the
United States Court of Federal Claims as petition 24-1040V, including a SIRVA, for which
petitionec will receive compemation pumwrt to this Stipulatioo. 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, petitionec waives the right to file a claim as described in this paragraph for
oompcnsation in the CICP.
14. If petitioner should die prior to entry ofj udgment. this agreement shall be voidable
upon proper-notice to the Court on bcba1f of either or boCb oft he parties.
2 After entry ofj udgment reflecting a decision consistent with the terms of1 his Stipulati~
petitioner~ that respondent will send this Stipulaaion to the CICP as evidence of petitioner's
withdrawal ofh er CICP claim and waiver of any potential compensation under the CICP.
4

Case 1:24-vv-01040-UNJ Document 42 Filed 06/01/26 Page 7 of 8
15. If1 he special master fails to issue a decision in compler.e conformity with the terms
of this Stipulation or if the Court ofF ederal 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 fW1 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
partiea hereto to make any payment or to do any act or tiring other than is herein expressly stated
and clearly agreed to. The parties fill1her qree and understand that the award descnl,ed in this
Stipulation may reflect a compromise of the parties' respective position& as to liability and/or
amount of damages., and further, that a change in Che 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 shal1 not be construed as an achnission by the United States or the
Secretary of Health and Human Servi<:es that the flu vaccine caused petitioner's alleged SIRVA
or any other injmy or petitioner's current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table; or that the flu vaccine caused or significantly aggravated
petitioner"s alleged injury or any other injury or petitioner's current disabilities.
t 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner•s
heirs, executors, administrators, successors, and/or assigns.
END OF STD-ULATION
5

Case 1:24-vv-01040-UNJ Document 42 Filed 06/01/26 Page 8 of 8
Respectfully submitted,
PETffiONER:
~~a~
WANDABARRAGAN,(
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
PETITIO~ ~~
..4eW,.:,LP-Ltzt¼A
<
CHRISJ. WEBB HEATHER L. • PEARLMAN
Black McLaren Jones Ryland & Griffee Deputy~tor
530 Oak Court Drive, Suite 360 Torts Branch
Memphis, TN 38117 Civil Division
(901) 762-0535 U.S. Department of Justice
cwehb@blackmclaw.com P.O.Box 146
Benjamin Franklin Station
Was~ DC 20044..0146
At.ITHORJZED REPRESENTA TJVE ATTORNEY OP RECORD FOR
OF TIIE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVI~:
George R. Grimes-
01gw,ie!JMdf'IGl!orgert.
s Gftnes-S16
16
Oifr. 2Gl6.04.13 1J:S1 :20-o4'00"
~ V- ~
CAPT GEORGE REED GRIMES. MD. MPH MARGARET ARMSTR()(J
Director, Division oflnjwy Trial Attorney
Compensation Programs Tons Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Dq,artment of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
S600 Fishers Lane, l4W-18 (202) 6164043
Rockville, MD 208S7 margaretannstrong@usdoj.gov
6