VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01370 Package ID: USCOURTS-cofc-1_24-vv-01370 Petitioner: Jacqueline Smith Filed: 2024-09-04 Decided: 2026-03-17 Vaccine: influenza Vaccination date: 2022-10-13 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Jacqueline Smith filed a petition on September 4, 2024, alleging that she suffered a left shoulder injury related to vaccine administration after receiving an influenza vaccine on October 13, 2022. She alleged residual effects for more than six months and sought compensation under the Vaccine Act. The public stipulation notes that Ms. Smith had also received a COVID-19 vaccine on September 26, 2022, but the site of that injection was unknown and the COVID-19 vaccination was not the basis of the Vaccine Act claim. Respondent denied that Ms. Smith suffered a Table SIRVA, denied that the influenza vaccine caused any injury, and denied that she had any current vaccine-related condition. The public record does not describe Ms. Smith's treatment course beyond the stipulated facts. The parties filed a joint stipulation on March 12, 2026, and Chief Special Master Corcoran adopted it as the Court's decision on March 17, 2026. Ms. Smith was awarded a lump sum of $60,000.00 for all damages available under section 15(a), payable through counsel's IOLTA account. She was represented by Leigh Finfer of Muller Brazil LLP in Dresher, Pennsylvania. Theory of causation field: Influenza vaccine on October 13, 2022 allegedly causing left SIRVA. COMPENSATED by stipulation, not by admitted causation. Record also noted a September 26, 2022 COVID-19 vaccine, site unknown and not the Vaccine Act injury basis. Respondent denied Table SIRVA, causation, and sequelae. Public stipulation gives limited treatment detail. Petition filed September 4, 2024; stipulation filed March 12, 2026; decision by Chief SM Brian H. Corcoran on March 17, 2026. Award $60,000 lump sum through counsel IOLTA. Attorney: Leigh Finfer, Muller Brazil LLP, Dresher PA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01370-0 Date issued/filed: 2026-04-17 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 03/17/2026) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01370-UNJ Document 33 Filed 04/17/26 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1370V JACQUELINE SMITH, Chief Special Master Corcoran Petitioner, Filed: March 17, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 4, 2024, Jacqueline Smith 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”) as a result of receiving an influenza vaccine on October 13, 2022. Petition at 1; Stipulation, filed at March 12, 2026, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 3; Stipulation at ¶¶ 1-5. 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 her current condition is a sequela of a vaccine- related injury. 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-01370-UNJ Document 33 Filed 04/17/26 Page 2 of 9 Nevertheless, on March 12, 2026, the parties filed the attached joint stipulation stating that a decision should be entered awarding compensation.3 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 $60,000.00, 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The Vinesign signature page located at page 7 is omitted from the attached copy of the stipulation. 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-01370-UNJ Document 33 Filed 04/17/26 Page 3 of 9 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JACQUELINE SMITH, Petitioner, No. 24-1370V Chief Special Master Corcoran V. SECRETA RY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, Jacqueline Smith, 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 is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received a flu vaccine in her left shoulder on October 13, 2022. 1 3. The vaccine was administered within the United States. 1 Petitioner received a COVID-19 vaccine a little over two weeks earlier, on September 26, 2022. The site of the vaccination is not listed, and petitioner does not appear to claim injury from this vaccine. Notably, vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). The signed document can be validated at https://app.vinesign.comNerify Case 1:24-vv-01370-UNJ Document 33 Filed 04/17/26 Page 4 of 9 Case 1:24-vv-01370-UNJ Document 33 Filed 04/17/26 Page 5 of 9 Case 1:24-vv-01370-UNJ Document 33 Filed 04/17/26 Page 6 of 9 Case 1:24-vv-01370-UNJ Document 33 Filed 04/17/26 Page 7 of 9 Case 1:24-vv-01370-UNJ Document 33 Filed 04/17/26 Page 8 of 9 Case 1:24-vv-01370-UNJ Document 33 Filed 04/17/26 Page 9 of 9 CERTIFICATE OF SERVICE I certify that today, March 12, 2026, a copy of the foregoing stipulation was served by electronic mail to Leigh Finfer, Esq., at max@mullerbrazil.com. s/Katherine C. Esposito ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01370-cl-extra-11313628 Date issued/filed: 2026-04-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10846262 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1370V JACQUELINE SMITH, Chief Special Master Corcoran Petitioner, Filed: March 17, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On September 4, 2024, Jacqueline Smith 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”) as a result of receiving an influenza vaccine on October 13, 2022. Petition at 1; Stipulation, filed at March 12, 2026, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 3; Stipulation at ¶¶ 1-5. 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 her current condition is a sequela of a vaccine- related injury. 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). Nevertheless, on March 12, 2026, the parties filed the attached joint stipulation stating that a decision should be entered awarding compensation. 3 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 $60,000.00, 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 The Vinesign signature page located at page 7 is omitted from the attached copy of the stipulation. 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JACQUELINE SMITH, Petitioner, No. 24-1370V V. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, Jacqueline Smith, 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 is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received a flu vaccine in her left shoulder on October 13, 2022. 1 3. The vaccine was administered within the United States. 1 Petitioner received a COVID-19 vaccine a little over two weeks earlier, on September 26, 2022. The site of the vaccination is not listed, and petitioner does not appear to claim injury from this vaccine. Notably, vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). The signed document can be validated at https://app.vinesign.comNerify CERTIFICATE OF SERVICE I certify that today, March 12, 2026, a copy of the foregoing stipulation was served by electronic mail to Leigh Finfer, Esq., at max@mullerbrazil.com. s/Katherine C. Esposito