VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01712 Package ID: USCOURTS-cofc-1_24-vv-01712 Petitioner: Heather J. Gardner Filed: 2024-10-22 Decided: 2026-01-07 Vaccine: influenza Vaccination date: 2021-11-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65215.8 AI-assisted case summary: On October 22, 2024, Heather J. Gardner filed a petition alleging that an influenza vaccine received on November 19, 2021 caused a shoulder injury related to vaccine administration. The existing row reflects two concurrent vaccines. Respondent conceded entitlement in an April 23, 2025 Rule 4(c) report, agreeing that Ms. Gardner's alleged injury was consistent with Table SIRVA and that the records demonstrated residual effects sufficient for compensation. The public entitlement and damages rulings do not provide a detailed clinical chronology. Chief Special Master Brian H. Corcoran found entitlement on April 24, 2025. On January 7, 2026, he adopted the parties' compensation stipulation and awarded $65,215.80 as a lump sum through counsel's IOLTA account. Theory of causation field: Influenza vaccine November 19, 2021 causing SIRVA; adult, exact age not stated; existing row reflects two concurrent vaccines and same-day onset. ENTITLEMENT CONCEDED; COMPENSATED. Public rulings lack detailed treatment facts. Award $65,215.80. Chief SM Brian H. Corcoran; petition October 22, 2024; damages January 7, 2026. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01712-0 Date issued/filed: 2025-05-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/24/2025) regarding 22 Ruling on Entitlement (Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01712-UNJ Document 25 Filed 05/28/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1712V HEATHER J. GARDNER, Chief Special Master Corcoran Petitioner, Filed: April 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ramon Rodriguez, III, Siri & Glimstad LLP, Richmond, VA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 22, 2024, Heather J. Gardner 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 November 19, 2021. Petition at 1. Petitioner further alleges that she received the flu vaccine in the United States, she suffered residual effects of her injury for more than six months, and neither Petitioner, nor anyone on her behalf, has filed a civil action or received or collected an award or settlement of a civil action for damages, for her vaccine-related injuries. 1 Because this Ruling 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 Ruling 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-01712-UNJ Document 25 Filed 05/28/25 Page 2 of 2 Petition at ¶¶ 3, 18, 19. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 23, 2025, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion [were] limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 6. Respondent further agrees that the records demonstrate that Petitioner suffered the residual effects of her condition for more than six months and has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01712-cl-extra-11060550 Date issued/filed: 2025-05-28 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10593962 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1712V HEATHER J. GARDNER, Chief Special Master Corcoran Petitioner, Filed: April 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ramon Rodriguez, III, Siri & Glimstad LLP, Richmond, VA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 22, 2024, Heather J. Gardner 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 November 19, 2021. Petition at 1. Petitioner further alleges that she received the flu vaccine in the United States, she suffered residual effects of her injury for more than six months, and neither Petitioner, nor anyone on her behalf, has filed a civil action or received or collected an award or settlement of a civil action for damages, for her vaccine-related injuries. 1 Because this Ruling 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 Ruling 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). Petition at ¶¶ 3, 18, 19. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 23, 2025, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table in that “petitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion [were] limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 6. Respondent further agrees that the records demonstrate that Petitioner suffered the residual effects of her condition for more than six months and has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01712-1 Date issued/filed: 2026-02-09 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 01/07/2026) regarding 43 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01712-UNJ Document 47 Filed 02/09/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1712V HEATHER J. GARDNER, Chief Special Master Corcoran Petitioner, Filed: January 7, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ramon Rodriguez, III, Siri & Glimstad, LLP, Richmond, VA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 22, 2024, Heather J. Gardner 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 vaccine received on November 19, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 24, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 6, 2026, Respondent filed the attached joint stipulation,3 requesting that I issue a decision awarding $65,215.80 to Petitioner. 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). 3Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the appropriate amount of compensation to be awarded after an entitlement determination. However, in a Case 1:24-vv-01712-UNJ Document 47 Filed 02/09/26 Page 2 of 8 Stipulation at ¶ 8. 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,Iaward Petitioner a lump sum payment of $65,215.80, 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 Section 15(a). 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 minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. 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-01712-UNJ Document 47 Filed 02/09/26 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS HEATHER J. GARDNER, Petitioner, No. 24-1712V Chief Special Master Corcoran V. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Heather J. Gardner, 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 is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the flu vaccine on November 19, 2021. 1 3. The vaccination was administered within the United States. 4. Petitioner sustained a right shoulder injury related to vaccination administration (''SIRVA") within the time period set forth in the Table following receipt of the flu vaccine, and 1 On November 19, 2021, petitioner also received a COVID-19 vaccine. 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). Case 1:24-vv-01712-UNJ Document 47 Filed 02/09/26 Page 4 of 8 experienced the residual effects of a SIRVA injury for more than six months. 5. There is not a preponderance of evidence demonstrating that petitioner's injury is due to a factor unrelated to vaccination. 6. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of petitioner's condition. 7. Accordingly, petitioner is entitled to compensation under the terms oft he Vaccine Act for her SIRVA Table injury. Therefore, 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-2l(aXl ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $65,215.80 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-15(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)(l), 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 this petition. I 0. 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 under42 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 programs, insurance policies, 2 Case 1:24-vv-01712-UNJ Document 47 Filed 02/09/26 Page 5 of 8 Federal or State health benefits programs ( other than Title XIX of the Social Security Act (4 2 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 oft his Stipulation and any amounts awarded pursuantto paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa l 5(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 unreimbursed 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. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf ofp etitioner's heirs, executors, administrators, 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, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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 that may be alleged to have resulted from, the vaccinations administered on November 19, 2021, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about October 22, 2024, in the United States Court of Federal Claims as petition No. 24-l 7 l 2V; 3 Case 1:24-vv-01712-UNJ Document 47 Filed 02/09/26 Page 6 of 8 and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countenneasure, including the COVID-19 vaccination administered on November 19, 2021, on its own or in combination with the flu vaccination administered on November 19, 2021, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about October 22, 2024, in the United States Court of Federal Claims as petition No. 24-l 712V, including a shoulder injury, for which petitioner will receive compensation pursuant to this Stipulation. 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, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP. 14. If petitioner should die prior to entry of judgment, this 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 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 1.iability 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 2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. 4 Case 1:24-vv-01712-UNJ Document 47 Filed 02/09/26 Page 7 of 8 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 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. The Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioners shoulder injury or any other injury or her current condition; however, petitioner has satisfied the Table criteria to establish entitlement to compensation. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 .. Case 1:24-vv-01712-UNJ Document 47 Filed 02/09/26 Page 8 of 8 , I / \ Respectfully submilled, PETITIONER: I ( I I \ H t ~ AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL: ..,A,{.e~~p~ RAMO I RO HEATHER L. PEARLMAN SIRI GLIMSTAD Deputy Director 11 South 12°1 Street Torts Branch Richmond, VA 23219 Civil Division (804) 420-9989 U. S. Department of Justice rrodrigut:z@sirillp.corn P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey $. Dlgltally signed by k~ G Op<"'~~ Jeffreys. Beach -S -S Beach 0a1e:202S.,2.16 p,y ~~~~ . 10:13:16-0S'00' for CAPT GEORGE REED GRIMES, MD, MPH MALLORI B. OPENCHOWSKI Director, Division of Tnjury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146 Administration Benjamin Franklin Station U.S. Department of Health Washington, D.C. 20044-0146 and Human Services Tel: (202) 305-0660 5600 Fishers Lane, 14W-18 ma11ori.b.openchowski@usdoj.gov Rockville, MD 20857 Dated: 01 lot. lu>i.h 6