VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-02019 Package ID: USCOURTS-cofc-1_24-vv-02019 Petitioner: Betty Ballard Filed: 2024-12-09 Decided: 2026-08-07 Vaccine: influenza Vaccination date: 2022-10-18 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Betty Ballard filed a petition for compensation on December 9, 2024, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on or about October 18, 2022. SIRVA is a Table injury, and she alleged residual effects for more than six months. The respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Nevertheless, the parties filed a joint stipulation on August 6, 2026, agreeing to settle the case. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Pursuant to the stipulation, Betty Ballard was awarded a lump sum of $100,000.00 for all items of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-02019-0 Date issued/filed: 2026-09-14 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 08/07/2026 ) regarding 31 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. (Main Document 36 replaced on 9/16/2026 to remove the docusign page.) (fm). -------------------------------------------------------------------------------- Case 1:24-vv-02019-UNJ Document 36 Filed 09/14/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2019V BETTY BALLARD, Chief Special Master Corcoran Petitioner, v. Filed: August 7, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kelly Elizabeth Elder, Martin & Jones, PLLC, Raleigh, NC, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 9, 2024, Betty Ballard filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). The petition seeks compensation for injuries allegedly related to Petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner received the flu vaccine on or about October 18, 2022. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), a Table injury, as a consequence of the flu immunization she received on or about October 18, 2022, and further alleges that she suffered the residual effects of this injury for more than six months. 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-02019-UNJ Document 36 Filed 09/14/26 Page 2 of 8 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 her current condition is a sequela of a vaccine-related injury. Nevertheless, on August 6, 2026, the parties filed the attached joint stipulation3 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 $100,000.00 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 In attaching the parties’ joint stipulation, I have omitted one page – a DocuSign form that includes personal information regarding Petitioner. 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-02019-UNJ Document 36 Filed 09/14/26 Page 3 of 8 Docuslgn Envelope ID: 071 ACF3E-BA51-87BB-814E-20EE 1F BE7C 16 l;\' THE U~ITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS OETTY BALLARD. Petitioner, No. 24-2019V Chier·special Master Corcoran V. SPU SECRETARY OF IIEALTII A D I IUMAN SER VICES. Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Betty Ballard. tiled:, petition !o' r vaccine compensation under the National Vaccine Injury Compensation Progrnrn. 42 U.S.C. § 300aa-IO to 34 (the "Vaccine Program''). The petition seeks compensation ror injuries allegedly related to petitioner's receipt or the inf1ue111.a * ("llu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3 (a). 2. l'ctitioncr received a llu vaccine on or about October 18. 2022. 3. The vaccine was administered within the United State~. 4. Petitioner alleges ihat she ~ufTcri.:d a Shoulder Injury Related to Vaccine Ad111i11istrntion nu ("Sl R VA"). a Table injury. as a consequence or the i111111uni1.ation she received on or about or October 18. 2022. and f't1rthcr alleges that she suffered the residual effects this injury for more than six rnonths. 5. Petitioner repr~scnts that there has been no prior award or settlement of a civil action for damages on her bchal f ns a result of he1· condition. Page I or 5 Case 1:24-vv-02019-UNJ Document 36 Filed 09/14/26 Page 4 of 8 Docusign Envelope ID: 071ACF3E-BA51-87BB-814E-20EE1FBE7C16 6. Respondent denies that petitioner sustained a SIRVA Table injury: denies that the vm:c.:ine caused petitioner's alleged shoulder injury. or any other injury: and denies that her current or condition is a sequel a a vuccini.:-rclated injury. 7. Maintaining their abMe-statcd positions. the parties nevertheless now agree that the issues between them shall be seulcd and that a clecision should be cntenxl awarding the compensation described in paragraph 8 or this Stipulation. 8. As soon as pr,1cticable after an entry of judgment reilecting a decbion consistent with the terms or this Stipulation. and alkr petitioner has lilcd an clct:tion to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I). the Secretary of· Health and Human Services will issue the l'ol lowing vaccine compensation payment: A lump sum or $100,000.00 to be paid through an ACI I dcpl>sit to petitioner's counsel's IOI.TA m:count for prompt clislrnrscrnent to petitioner. This ,1111ount rcprcscllls compensation for all d,1111agcs that would be avuilc1bk under 42 * U.S.C. 300aa-I 5(a). 9. As soon as practicable al'tcr the entry of'judgment on c11titlc111cnt in this ca:-.c, ancl af'tcr petitioner has filed both a proper and timely election lo receive compensation pursuallt 10 42 U.S.C. * 300aa-2 I (a)( I), and an application, the panics \\'ill submit to rurthcr proceedings before the special master to awnrd reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner nncl her attorney repri.:sent that they have iclcntilied to respondent all known sources or payment for items or services for which the Program is not prirnarily liable under 42 U.S.C. § 300an-l 5(g). including State compensation progrnms. insurance policies. Federal or State health benefits programs (other than Title XIX or the Social Security Act (42 U.S.C. § 1396 ct seq.)). or entities that provide health services on a prepaid basis. or Page 2 5 Case 1:24-vv-02019-UNJ Document 36 Filed 09/14/26 Page 5 of 8 Docusign Envelope ID: 071ACF3E-6A51-8766-814 E-20EE 1FBE7C16 11. Pnyment nrnde pursu,mt to paragraph 8 or this Stipulation and any amounts awarded pursuant to paragraph 9 will be made in acc.:01·dance with 42 U.S.C. § 300aa-l 5(i), subject to the availability or surricicnt statutory f'unJs. 12. The pcirtics :rncl their cittorncys f'urthcr agree and stipulate that, except l'or nny award for attorneys' fees and litigation co~ts. and unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely l'or the bencf'it of petitioner as eontelllplated by a strict * * construction of 42 U.S.C. 300aa-I 5(a) anti (cl), and subject to the conditions of' 42 U.S.C. 300aci-I 5(g) and (h). 13. In retLIrn for the p..iyrnent described in paragraphs 8 and 9, petitioner, in her individual capacity. and on behalf ol' her heirs, executors. administrators, stIcccssors, and assigns, docs forever i rrC\'OCa b ly and uncondi t iona I ly rel ease, ucqu it and d ischargc the U nitccl Stales and the Secretary of I lealth and I IL1n1r111 Services from any and all actions or cm1scs or action (including agreements, judg111L:nts, claims, damages, loss or services, expenses and all demands oi' whatever kind 01· nature) that have been brought, could have been brought, or could be timely brought in the United States Coun of' Federal Claims. under the National Vaccine Injury Compensation Program. * 42 U.S.C. 300aa-10 ct seq .. on account or, or in any way growing out or. any and all known or unknown, su~pcctcd or unsu~pected personal injuries to or death ol' petitioner resulting l'rom, or alleged to have resulted from. the flu vaccination administered on or about October 18. 2022, as alleged by petitioner in a petition for vaccine compensation filed on or about Dec.:e1nber 9, 2024. in the United Stcites Court or Fcdernl Claims as petition No.24-2019\/. or 14. If petitioner should die prior to entry judgment, this agreement shall be voidable r upon proper notice to the Court on behal of either or both of the parties. Page 3 of 5 Case 1:24-vv-02019-UNJ Document 36 Filed 09/14/26 Page 6 of 8 Docusign Envelope ID; 071ACF3E-BA51-87BB-814E-20EE1 FBE7C16 I 5. If I he special master foi Is to issue a decision in comp I etc con form i ly with the terms of' this Stipulation or if the United States 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 al the sole discretion of either party. 16. This Stipulation expresses a f'ull and complete negotiated settlement or liability and damages claimed under the National Childhood V:1ccine Injury /\ct of' 1986, as a111e11cled. except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the p,1rt of the purties hereto to mukc any payment or do any act or thing other than is herein expressly staled and clearly agreed to. The parties further agree and understand that the award described in this or Stipulation may reflect a <.:ompromisc the parties' respective positions as to liability and/or arnoL111I or damages, nnd fi.1rthcr, that n clwngc in the natun.:: or the injury or condition or in the items or compensation sought, is not grounds 10 modi ry or revise this agreement. 17. This Stipulation shall not be construed as an nd111issio11 by the United States or the Sccrcuiry or I lcalth nnd I luman Scl'\·iccs thnt the flll vaccine caused petitioner's nllcgcd shoulder injury or any other injury or any or her curn.:nt disabilitit:s, or thul she suffered a Table injury. 18. All rights and obligations or petitioner hereunder shall apply equally to petitioner's heirs. executors, administrators, successors. and/or assigns. END OF STIPULATION Page 4 of 5 Case 1:24-vv-02019-UNJ Document 36 Filed 09/14/26 Page 7 of 8 Docusign Envelope ID: 07·tACF3E-BA51-87BB-814E-20EE1FBE7C16 Rcspcctl\1lly submitted. PETITIONER: BF.TTY l:3ALLARD ATTOR:'-IEV Of- RECORD fOR AUTHORIZED REPRESENTATIVE OF TUE ATTORNEY GENERAL: p~ ,Mo~~e·• t.~ KELYELDER HE/\THCR L. PEARLMAN MARTIN & JONES PLLC Deputy Director 4140 Parklakc Avenue. Suite 400 Torts Brnnch Raleigh. NC 27612 Civil Division Tel: (919) 821-0005 U.S. Dcpt1rtmc11t or .lustit:c kccu1,111-j.co111 J)_(), Bl)X 146 Bcnjrnnin r-nmklin Stntion Washington, DC 20044-0146 AUTI-IORIZl::D REPRESE 'TATIVE Of ATTORNIIY OF RECORD FOR THE SECRETARY OF IIEALTII AND RESPONDE:\T: II UM.AN SERVICES: George R. Grimes - Dig,tallys,gnetlbyGeorgen. \.H. ~ ~ qz..tl" ~t1e--'\ s Grimes S 16 16 Date: 2026.07.3009:25:I I 0'1'00' ~~~L-P~ CAPT GEORGE REf:D GRIMES. MD, MPI I MALLORI 13. OPF.1 Cl IOWSKI Director. Division or Injury Trial Attorney Compc11sntio11 Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Scrviccs P.O. 13ox 146 Administration Benjamin Franklin Station U.S. Dc1x1rtment or Health Washington, D.C. 20044-0146 and 1-1 urnan Scrviccs Tel: (202) 305-0(160 5600 f'ishers Lane, 14 W-18 111<1l lnri.b.oprnchn,,•:-k iw u~dnj -6\lW Rockville. MD 20857 Page 5 of 5 Case 1:24-vv-02019-UNJ Document 36 Filed 09/14/26 Page 8 of 8 CERTIFICATE OF SERVICE I certify that today, August 6, 2026, a copy of the foregoing pleading was served by electronic mail to Kelly Elder at kee@m-j.com. s/ Mallori B. Openchowski