VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00040 Package ID: USCOURTS-cofc-1_25-vv-00040 Petitioner: James Rigdon Filed: 2025-01-10 Decided: 2026-02-25 Vaccine: influenza Vaccination date: 2023-11-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 57750 AI-assisted case summary: On January 10, 2025, James Rigdon filed a petition seeking compensation under the Vaccine Program, alleging shoulder injury related to vaccine administration (SIRVA) after receiving influenza on November 27, 2023. Respondent denied Table SIRVA, vaccine causation, and vaccine-related sequelae. The stipulation does not provide a clinical timeline, imaging, therapy, injections, or work/daily-life effects. On February 25, 2026, Chief Special Master Brian H. Corcoran adopted the parties' stipulation or proffer, found the disposition reasonable on the record before the Court, and awarded $57,750.00 lump sum. Petitioner was represented by Wendy Cox, Siri & Glimstad, LLP, Austin, TX. Theory of causation field: influenza vaccine on November 27, 2023 (exact age not stated) allegedly causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent denied Table SIRVA, vaccine causation, and vaccine-related sequelae. The stipulation does not provide a clinical timeline, imaging, therapy, injections, or work/daily-life effects. Award/status: $57,750.00 lump sum. Chief Special Master Brian H. Corcoran; petition filed January 10, 2025; decision February 25, 2026. Attorney: Wendy Cox, Siri & Glimstad, LLP, Austin, TX. No expert causation analysis in public stipulation/proffer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00040-0 Date issued/filed: 2026-03-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/25/2026) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00040-UNJ Document 31 Filed 03/27/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0040V JAMES RIGDON, Chief Special Master Corcoran Petitioner, v. Filed: February 25, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 10, 2025, James Rigdon 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), on November 27, 2023. Petitioner alleges that he suffered from a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that he experienced the residual effects of this condition 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 1:25-vv-00040-UNJ Document 31 Filed 03/27/26 Page 2 of 7 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 his current condition is a sequela of a vaccine-related injury. Nevertheless, on February 24, 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 $57,750.00 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 the last page – an Adobe Acrobat Sign 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 1:25-vv-00040-UNJ Document 31 Filed 03/27/26 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JAMES RIGDON, Petitioner, No. 25-40v Chief Special Master Corcoran V. ECF SECRET ARY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. On January I 0, 2025, James Rigdon ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-I0 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. § I 00.3(a). 2. Petitioner received the flu vaccine on November 27, 2023. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered from a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that he 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 as a result of his condition. Case 1:25-vv-00040-UNJ Document 31 Filed 03/27/26 Page 4 of 7 6. 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 his current condition is a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$57,750.00 to be paid through an ACH deposit to petitioner's counsel's IOL TA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry of judgment 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)()), 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 his 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-I 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. 2 Case 1:25-vv-00040-UNJ Document 31 Filed 03/27/26 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(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-l 5(g) and (h). 13. In return for the payment described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his 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, 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 National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-10 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 flu vaccination administered on November 27, 2023, as alleged by petitioner in a petition for vaccine compensation filed on or about January I 0, 2025, in the United States Court of Federal Claims as petition No. 25-40V. 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. 3 Case 1:25-vv-00040-UNJ Document 31 Filed 03/27/26 Page 6 of 7 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 liability 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 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 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 Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obi igations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I 4 Case 1:25-vv-00040-UNJ Document 31 Filed 03/27/26 Page 7 of 7 Respectfully submitted, PETITIONER: JAMES RIGDON ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: (Ldl -~f~~A£ ~ WENDYC SIRI GLI Deputy Director 1005 Congress Av enue, Suite 925-C36 Torts Branch Austin, TX 78701 Civil Division Tel: (512) 265-5622 U.S. Department of Justice wcox@sirilIp.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: s. Jeffrey Digitally signed by Jeffrey S. Beach -S Be ac h -S Date: 2026.02.18 10:54:42-05'00' for CAPT GEORGE REED GRIMES, MD, MPH CA~4' Director, Division of Injury Senior 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, DC 20044-0146 and Human Services Tel: (202) 616-4098 5600 Fishers Lane, 14 W-18 Camille.M.Collettt@usdoj.gov Rockville, MD 20857 5