VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01371 Package ID: USCOURTS-cofc-1_24-vv-01371 Petitioner: Bryan Oden Filed: 2024-09-04 Decided: 2026-02-20 Vaccine: influenza Vaccination date: 2023-09-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 82000 AI-assisted case summary: On September 4, 2024, Bryan Oden filed a petition alleging that an influenza vaccination administered on September 22, 2023 caused a shoulder injury related to vaccine administration. He alleged a Table SIRVA, receipt of the vaccine in the United States, residual effects lasting more than six months, and no prior civil award or settlement for the injury. Respondent denied that Mr. Oden sustained a Table SIRVA injury, denied that the flu vaccine caused his alleged SIRVA or any other injury, and denied that his current condition was a vaccine-related sequela. The case resolved through a stipulation, so the public decision does not give the detailed medical course, treatment, imaging, therapy, or expert analysis. On February 20, 2026, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded a lump sum of $82,000.00. Theory of causation field: Influenza vaccine on September 22, 2023, allegedly causing SIRVA; COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and current sequelae. Public stipulation gives limited medical detail. Award $82,000 lump sum. Chief SM Brian H. Corcoran, petition filed September 4, 2024; decision February 20, 2026. Attorney: Kirk Tripp Otto, Siri & Glimstad, Richmond VA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01371-0 Date issued/filed: 2026-03-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/20/2026) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01371-UNJ Document 35 Filed 03/27/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1371V BRYAN ODEN, Chief Special Master Corcoran Petitioner, Filed: February 20, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kirk Tripp Otto, Siri & Glimstad, LLP, Richmond, VA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 4, 2024, Bryan Oden 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 he suffered a Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of his September 22, 2023 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed February 13, 2026, at ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccine in the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 23, 25-26. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner's alleged SIRVA, or any other injury; and denies that [P]etitioner's 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-01371-UNJ Document 35 Filed 03/27/26 Page 2 of 7 Nevertheless, on February 13, 2026, 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 $82,000.00, 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 “Dropbox Sign” – “Audit trail” form at page six of the parties’ Stipulation has been 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-01371-UNJ Document 35 Filed 03/27/26 Page 3 of 7 IN THE lJN.ITED STATES COURT Of FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BRYAN ODEN, Petitioner, No. 24-D7IV Chief Special J\lf aster Corcoran ECF \' SECRETARY OF HEALTH AND HUMAN SER VICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. B,yan Oden ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § J00aa-I0 to ~4 (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. ~ lO0J(a) ·, Petitioner received a flu vaccine on September 22, 2023. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner sustained a left shoulder injury related to vaccination administration ("SIRVA'') within the time period set fo11h in the Table follmving administration of the tlu vaccine, or in the alternative, that petitioner's alleged shoulder injury was caused-in fact by the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months. Case 1:24-vv-01371-UNJ Document 35 Filed 03/27/26 Page 4 of 7 5 Petitioner represents that there has been no prior m:vard or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury. 6. Respondent denies that petitioner sustained a SfR VA Table injury; denies that the flu vaccine caused petitioner's alleged SIRVA, or any otherinjrny: and denies that petitioner's current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions. the parties nevertheless no"v agree that the issues bet\.veen 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 tlll 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-2 l(a)( I). the Secretary of Health and Human Services will issue th~ following \.acc.:ine compensation payment for all damages that would be available under 42 U S.C. § 300aa-I ~(a): A lump sum of $82,000.00 to be paid through an AC'H deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. 9. As soon as practicable after the enlry ofjudgment on entitlement in this case, and alter petitioner has filed both a proper and timely election to receive compensation pursuant to 42 s U.S.C. 300aa-21(a)(l), and an application, the parties will submit lo 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 se1vices for which the Program is not primnrily liable under 42 U.S C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be e'\pected to be made under any State compensation programs, insurance policies. 2 Case 1:24-vv-01371-UNJ Document 35 Filed 03/27/26 Page 5 of 7 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. I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation vvill be made in accordance with 42 lJS.C. ~ J00aa-1 S(i). subject to the a\'ailability of sufficient statutory funds 12. The paitics and their attorneys fmther agree and stipulate that, except for any award for attorneys' fees and litigation cost!.. a!ld past unrcimburscd 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-I S(a} and ( d), and subject to the conditions of 42 U. S.C. 9 300aa-15(g) and (h ). 13. In ren1rn for the payments described in paragraphs 8 and 9, petitioner, in petitioner's indiYidual 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, e,-;penses and all demands of whatever kind or nature) that have been brought could have been brought, or could be timely bi ought in the Court of federal Claims. under the National Vaccine Injury Compensation Program, 42 U S.C § 300aa-l 0 et seq., on account ot: or in any v,;ay 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 September 22. 2023, as alleged in a petition for vaccine compensation filed on or about September •I, 2024, in the United States Court of Federal Claims as petition No. 24-.13 71 V. Case 1:24-vv-01371-UNJ Document 35 Filed 03/27/26 Page 6 of 7 14. If petitioner should die prior to entry of judgment. this agreement shall be voidable upon proper 11otice to the Court on behalf of eithe1 or both of the parties. 15. lf Lhe special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Cou11 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 pa1iie5' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and C1..)tnplete negotiated settlement or liability and damages claimed under the National Childhood Vaccine fnjury Act of 1986, as arnt>nded. 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 retle...:t a compromise of the parties· r~spective 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 constrned as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner·s alleged SIRVA or any other injury or petitioner':; ~urrenl co11dilio11. or lhat petitioner suffered an injury confained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shal I apply equally to petitioner's heirs, executors, administrators. successors. and/or assigns. END OF STIPULATION 4 Case 1:24-vv-01371-UNJ Document 35 Filed 03/27/26 Page 7 of 7 Respectfully submitted, PETITIONER: BRYAN ODEN ATTORNEY OF RECORD Al'THORIZED REPRESENTATIVE FOR PETITfONER: OF THE ATTORNEY GENERAL: ~:e>'- ~~~ - --·- ·-·--·-·- •--•·---·----- KJRK --rRIPP'' OTTO ~!RI & GLJf\.lSTAD LLP Deputy Director I l South 12th Street Torts I3rnnch Richmond, V:\ 23:219 Civil Division kotto@si ri !Ip.com U.S. Department of Justice (804) 459-8:i84 P 0. Box 146 Benjamin Franklin Station Washington. DC 20044-0 I 46 AUTHORIZED REPRESENTATIVE ArrORN EY OF RECORD J•OR OF THE SECRETARY OF HEALTH RESPONDENT: AND HOMAN SERVICES: ,? George R. Grimes )1/L,,,_,. ,)__ . DlgitallyslgnedbyGeorgeR. Grim~•S16 -S 16 Date: 2026.02.04 13:56:48-05'00' L~.t! -------1--- ~XA\ '\ ut.=)~ CAPT GEORGE REED GRIMES. MD, MPH ALEXA ROGGENKcA!\IP Director. Division of Inju1y Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division J-Iealth Resources and Services U.S. Department of Justice Administration P 0. Box 146 lJ.S. Department of Health Benjamin Franklin Station and Human Services Washington. DC 20044-0146 5600 f ishers Lane. 14W-l 8 202-61 6-4 179 Rockville, MD 20857 alexa.roggenkarnp@usdoj.gov _!:_i~f:__:7_-~__ __ Datended. 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 retle...:t a compromise of the parties· r~spective 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 constrned as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner·s alleged SIRVA or any other injury or petitioner':; ~urrenl co11dilio11. or lhat petitioner suffered an injury confained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shal I apply equally to petitioner's heirs, executors, administrators. successors. and/or assigns. END OF STIPULATION 4 Respectfull y submitted, PETITIONER: BRYAN ODEN ATTORNEY OF RECORD Al'THORIZED REPRESENTATIVE FOR PETITfONER: OF THE ATTORNEY GENERAL: ~~~ ~:e>'- - - - ·- · -· --·-·- •--•· - - -·- - - - - KJRK --rRIPP'' OTTO ~!RI & GLJf\.lSTAD LLP Deputy Director I l South 12th Street Torts I3rnnch Richmond, V:\ 23:219 Ci vil Division kotto@si ri !Ip.com U.S. Department of Justice (804) 459-8:i84 P 0 . Box 146 Benjamin Franklin Station Washington. DC 20044-0 I 46 AUTHORIZED REPRESENTATIVE ArrORN EY OF RECORD J•OR OF THE SECRETARY OF HEALTH RESPONDENT: AND HOMAN SERVICES: George R. Grimes DlgitallyslgnedbyGeorgeR. Grim~•S16 )1/L,,,_,. ,)__ . ,? -S 16 Date:2026.02.04 13:56:48-05'00' L~.t! -------1--- ~XA\ '\ CAPT GEORGE REED GRIMES. MD, MPH ALEXA ROGGENKcA!\IP ut.=)~ Director. Di vision of Inju1y Trial A ttorney Compensation Programs Torts Branch Health Systems Bureau Civil Divi sion J-Iealth Resources and Services U.S. Department of Justice Administration P 0. Box 146 lJ.S. Department of Health Benjamin Franklin Station and Human Services Washington. DC 20044-0146 5600 f ishers Lane. 14W- l 8 202-61 6-4 179 Rockville, MD 20857 alexa.roggenkarnp@ usdoj.gov Date