VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01786 Package ID: USCOURTS-cofc-1_24-vv-01786 Petitioner: Estella Fluaitt Filed: 2024-10-31 Decided: 2025-08-04 Vaccine: influenza Vaccination date: 2023-09-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 77306.63 AI-assisted case summary: On October 31, 2024, Estella Fluaitt filed a petition, later amended in November 2024, alleging that an influenza vaccine administered on September 25, 2023 caused a shoulder injury related to vaccine administration. Respondent denied that Ms. Fluaitt sustained a Table SIRVA, denied vaccine causation, and denied vaccine-related sequelae. The public stipulation does not describe the first symptom, treatment visits, imaging, injections, physical therapy, or residual limitations. The parties resolved the case by joint stipulation. On August 4, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded $70,141.35 as a lump sum through counsel's IOLTA account and $7,165.28 to reimburse an Illinois Medicaid lien, for a total of $77,306.63. Theory of causation field: Influenza vaccine September 25, 2023 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Award $70,141.35 lump sum + $7,165.28 Illinois Medicaid lien = $77,306.63. Chief SM Brian H. Corcoran; petition October 31, 2024; amended petition November 14, 2024; decision August 4, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01786-0 Date issued/filed: 2025-09-04 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 08/04/2025) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01786-UNJ Document 31 Filed 09/04/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1786V ESTELLA FLUAITT, Chief Special Master Corcoran Petitioner, Filed: August 4, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 31, 2024, Estella Fluaitt filed a petition for compensation under the National Vaccine Injury Compensation Program, which she amended on November 14, 2024, 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 25, 2023. Amended Petition at 1; Stipulation, filed August 4, 2025,at ¶¶ 2-4.Petitioner further alleges that she received the flu vaccine in the United States, her pain and impairment have continued for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Amended Petition at ¶¶ 2, 26, 29, 30; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the 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-01786-UNJ Document 31 Filed 09/04/25 Page 2 of 8 Nevertheless, on August 4, 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. A lump sum of $70,141.35, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum of $7,165.28, representing reimbursement of a Medicaid lien for services rendered to Petitioner, in the form of a check payable jointly to Petitioner and the State of Illinois: Optum Federal Tax Identification number 41-1858498 Attn: Marteans Collins, Recovery Specialist Optum Event Number: 97535798 Patient: Estella Fluaitt Health Plan: Aetna Better Health of Illinois Date of Loss: 9-25-2023 P.O. Box 182643 Columbus, OH 43218 Petitioner agrees to endorse this check to Optum. Stipulation at ¶ 8. These amounts represent 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-01786-UNJ Document 31 Filed 09/04/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ESTELLA FLUAITT, Petitioner, No. 24-1786V (ECF) V. Chief Special Master Corcoran SECRETARY OF HEALTH A D RUMA SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l. Estella Fluaitt, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oe t seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table") 42 C.F.R. § 100.3(a). 2. Petitioner received an influenza vaccine on September 25, 2023, in the left arm. 3. The vaccination was administered within the United States. 4. Petitioner alleges that petitioner su tained a shoulder injury related to vaccine administration ("SIRVA") as set forth in the Table. Petitioner fu11her alleges that petitioner experienced the residual effects of this condition for more than six months. 5. 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. ENV8554 7154-3343-FDCF-3576-DCDA 07/29/2025 15: 17 PM UTC Case 1:24-vv-01786-UNJ Document 31 Filed 09/04/25 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that petitioner's cuJTent condition is a sequela of a vaccine-related injmy. 7. Maintaining their above-stated positions, the parties neve1theless 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 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-2 l (a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $70,141.35 payable to petitioner, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner; and B. A lump sum of$7,165.28,1 representing reimbursement of a Medicaid lien for services rendered to petitioner, in the form of a check payable jointly to petitioner and the State of Illinois: Optum Federal Tax Jdentification number 41-185 8498 Attn: Marteans Collins, Recove1y Specialist Optum Event Number: 97535798 Patient: Estella Fluaitt Health Plan: Aetna Better Health of Illinois Date of Loss: 9-25-2023 PO Box 182643 Columbus, OH 43218 Petitioner agrees to endorse this check to Optum. 1 This amount represents full satisfaction of any right of subrogation, assigriment, claim, lien, or cause of action that the State of Illinois may have against any individual as a result of any Medicaid payments that the State of Illinois has made to or on behalf of petitioner as a result of her alleged vaccine-related injmy suffered on or about September 25, 2023, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 ENV85547154-3343-FDCF-3576-DCDA 07/29/2025 15:17 PM UTC Case 1:24-vv-01786-UNJ Document 31 Filed 09/04/25 Page 5 of 8 These amounts represent 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-2 I (a)(l), and an application, the parties will submit to futther 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 under 42 U .S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, 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. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to 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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated by a strict conshuction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to 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 petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or 3 ENV85547 154-3343-FDCF-3576-DCDA 07/29/2025 15: 17 PM UTC Case 1:24-vv-01786-UNJ Document 31 Filed 09/04/25 Page 6 of 8 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, judgn1ents, 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 brought in the Court of Federal Claims, under the Vaccine Program, 42 U.S.C. § 300aa-l O et 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 influenz.a vaccination administered on September 25, 2023, as alleged by petitioner in a petition for vaccine compensation filed on or about October 31, 2024, in the United States Court of Federal Claims as petition No. 24-l 786V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Comt on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete confonnity with the te1ms of this Stipulation or if the Cou1t 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 liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as othe1wise 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 reflect a compromise of the parties' respective positions as to liability and/or 4 ENV85547154-3343-FDCF-3576-DCDA 07/29/2025 15:17 PM UTC Case 1:24-vv-01786-UNJ Document 31 Filed 09/04/25 Page 7 of 8 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 construed as an admission by the United States or the Secreta1y of Health and Human Service that the influenza vaccine caused petitioner's alleged injury or any other injury or petitioner's current disabilities, or that petitioner suffered an injmy contained in the Vaccine Injury Table. 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 ENV85547154-3343-FDCF-3576-DCDA 07/29/2025 15:17 PM UTC Case 1:24-vv-01786-UNJ Document 31 Filed 09/04/25 Page 8 of 8 Respectfully submitted, PETITIONER: ESTELLA FLUAITT ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ELIZABETH HESS HEATHER L. PEARLMAN Shannon Law Group, P.C. Deputy Director 6825 Hobson Valley Drive, Suite 101 Totts Branch Woodridge, IL 60517 Civil Division (312) 578-9501 U.S. Department of Justice ehess@shannonlawgroup.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: s. Jeffrey Digitally signed by Jeffrey S. Beach -S B h S Date: 2025.07.22 eac - . for n:26:42-04•00· CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs To1ts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Adminish·ation P.O. Box 146 U.S. Deparhnent of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (2 02) 3 0 5 -1 15 9 Rockville, MD 20857 Nasccm.Kourosh@usdoj.gov Dated: ___,i.,,__/,J_J_;_,/_-l'-.'{--)...2.c....fcc~_=---- 6 ENV85547 154-3343-FDCF-3576-DCDA 07/29/2025 15:17 PM UTC ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01786-cl-extra-11132859 Date issued/filed: 2025-09-04 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10666272 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1786V ESTELLA FLUAITT, Chief Special Master Corcoran Petitioner, Filed: August 4, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 31, 2024, Estella Fluaitt filed a petition for compensation under the National Vaccine Injury Compensation Program, which she amended on November 14, 2024, 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 25, 2023. Amended Petition at 1; Stipulation, filed August 4, 2025, at ¶¶ 2-4. Petitioner further alleges that she received the flu vaccine in the United States, her pain and impairment have continued for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Amended Petition at ¶¶ 2, 26, 29, 30; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the 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. 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 August 4, 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. A lump sum of $70,141.35, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and B. A lump sum of $7,165.28, representing reimbursement of a Medicaid lien for services rendered to Petitioner, in the form of a check payable jointly to Petitioner and the State of Illinois: Optum Federal Tax Identification number XX-XXXXXXX Attn: Marteans Collins, Recovery Specialist Optum Event Number: 97535798 Patient: Estella Fluaitt Health Plan: Aetna Better Health of Illinois Date of Loss: 9-25-2023 P.O. Box 182643 Columbus, OH 43218 Petitioner agrees to endorse this check to Optum. Stipulation at ¶ 8. These amounts represent 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ESTELLA FLUAITT, Petitioner, No. 24-1786V (ECF) V. Chief Special Master Corcoran SECRETARY OF HEALTH A D RUMA SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l. Estella Fluaitt, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program , 42 U.S.C. §§ 300aa-l Oet seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table") 42 C.F.R. § 100.3(a). 2. Petitioner received an influenza vaccine on September 25 , 2023, in the left arm. 3. The vaccination was administered within the United States. 4. Petitioner alleges that petitioner su tained a shoulder injury related to vaccine administration ("SIRVA") as set forth in the Table. Petitioner fu11her alleges that petitioner experienced the residual effects of this condition for more than six months . 5. Petitioner represents that there has been no prior award or settlement of a civi l action for damages on petitioner's behalf as a result of petitioner's condition. ENV8554 7154-3343-FDCF-3576-DCDA 07/29/2025 15: 17 PM UTC 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that petitioner's cuJTent condition is a sequela of a vaccine-related injmy. 7. Maintaining their above-stated positions, the parties neve1theless 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 this Stipulation. 8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with the terms of this Stipu lation, 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 the following vaccine compensation payments: A. A lump sum of $70,141.35 payable to petitioner, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner; and B. A lump sum of$7,165.28, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner, in the form of a check payable jointly to petitioner and the State of Illinois: Optum Federal Tax Jdentification number 41-185 8498 Attn: Marteans Collins, Recove1y Specialist Optum Event Number: 97535798 Patient: Estella Fluaitt Health Plan: Aetna Better Health of Illinois Date of Loss: 9-25-2023 PO Box 182643 Columbus, OH 43218 Petitioner agrees to endorse this check to Optum. 1 This amount represents full satisfaction of any right of subrogation, assigriment, claim, lien , or cause of action that the State of Illinois may have against any individual as a result of any Medicaid payments that the State of Illinois has made to or on behalf of petitioner as a result of her alleged vaccine-related injmy suffered on or about September 25 , 2023, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 ENV85547154-3343-FDCF-3576-DCDA 07/29/2025 15:17 PM UTC These amounts represent compensation for all damages that would be availab le under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry ofjudgment 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-2 I (a)( l), and an application, the parties will submit to futther 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 liab le under 42 U .S.C. § 300aa- l 5(g), to the extent that payment has been made or can reasonab ly be expected to be made under any State compensation programs, insurance policies, Federal or State hea lth 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. 11. Payment made pursuant to paragraph 8 of this Stipu lation and any amounts awarded pursuant to 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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated by a strict conshuction of 42 U.S.C. §§ 300aa- 15(a) and (d), and subject to 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 petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or 3 ENV85547154-3343-FDCF-3576-DCDA 07/29/2025 15: 17 PM UTC 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, judgn1ents, 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 brought in the Court of Federal Claims, under the Vaccine Program, 42 U.S.C. § 300aa- l Oet seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to o r death of petitioner resu lting from, or alleged to have resulted from, the influenz.a vaccination administered on September 25, 2023, as alleged by petitioner in a petition for vaccine compensation filed on or about October 31, 2024, in the United States Court of Federal Claims as petition No. 24- l 786V. 14. If petitioner shou ld d ie prior to entry of judgment, this agreement shall be voidable upon proper notice to the Comt on behalf of either or both of the parties. 15. If the special master fai ls to issue a decision in complete confonnity with the te1ms of this Stipulation or if the Cou1t 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 liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as othe1wise 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 th is Stipulation may reflect a compromise of the parties' respective positions as to liability and/or 4 ENV85547154-3343-FDCF-3576-DCDA 07/29/2025 15:17 PM UTC 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 construed as an admission by the United States or the Secreta1y of Health and Human Service that the influenza vaccine caused petitioner's alleged injury or any other injury or petitioner's current disabilities, or that petitioner suffered an injmy contained in the Vaccine Injury Tab le. 18. All rights and obligations of petitioner hereunder shall app ly equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 ENV85547154-3343-FDCF-3576-DCDA 07/29/2025 15:17 PM UTC Respectfully subm itted, PETITIONER: ESTELLA FLUAITT ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTO RNEY GENERAL: ELIZABETH HESS HEATHER L. PEARLMAN Shannon Law Group, P.C. Deputy Director 6825 Hobson Valley Drive, Suite 101 Totts Branch Woodridge, IL 605 17 Civi l Division (312) 578-9501 U.S. Department of Justice ehess@shannonlawgroup.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. Digitally signed by Jeffrey S. Beach -S Date: 2025.07.22 Beac h - S . n:26:42 -04•00· for CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs To1ts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Adminish·ation P.O. Box 146 U.S. Deparhnent of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 146 5600 Fishers Lane, 08W-25A (2 02) 3 0 5 -1 15 9 Rockville, MD 20857 Nasccm.Kourosh@usdoj.gov Dated: ___,.,,_ i _,__ /JJ;_,_ / -'-'-- l.{)..2f~ c. . cc_=---- 6 ENV85547154-3343-FDCF-3576-DCDA 07/29/2025 15:17 PM UTC