VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00151 Package ID: USCOURTS-cofc-1_25-vv-00151 Petitioner: Brittany Shumpert Filed: 2025-01-28 Decided: 2025-12-11 Vaccine: influenza Vaccination date: 2023-10-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52174.1 AI-assisted case summary: On January 28, 2025, Brittany Shumpert filed a petition alleging that an influenza vaccination administered on October 21, 2023 caused a shoulder injury related to vaccine administration. The public proffer identifies her as an adult but does not state an exact age. Respondent conceded entitlement, agreeing that Ms. Shumpert met the Table SIRVA criteria and the statutory requirements for compensation. Chief Special Master Corcoran granted entitlement on August 13, 2025. The public documents do not describe the clinical course beyond the Table findings. On December 11, 2025, the Chief Special Master awarded $52,174.10: $50,500.00 for pain and suffering, plus $113.51 and $1,560.59 to satisfy two portions of the State of Wisconsin Medicaid lien. Theory of causation field: Adult petitioner; influenza vaccine October 21, 2023; Table SIRVA. COMPENSATED. Respondent conceded entitlement; public text lacks detailed clinical chronology. Entitlement August 13, 2025; damages December 11, 2025. Award $52,174.10 = $50,500 pain/suffering + $1,674.10 Wisconsin Medicaid lien ($113.51 + $1,560.59). Petition filed January 28, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00151-0 Date issued/filed: 2025-09-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/13/2025) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00151-UNJ Document 20 Filed 09/17/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0151V BRITTANY SHUMPERT, Chief Special Master Corcoran Petitioner, Filed: August 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 28, 2025, Brittany Shumpert 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”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, as the result of an influenza (“flu”) vaccination received on October 21, 2023. Petition at 1. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 12, 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 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 1:25-vv-00151-UNJ Document 20 Filed 09/17/25 Page 2 of 2 1. Specifically, Respondent states that “petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was 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 5. Respondent further agrees that Petitioner suffered the residual effects of her condition for more than six months and that based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the 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_25-vv-00151-1 Date issued/filed: 2026-01-12 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 12/11/2025) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00151-UNJ Document 29 Filed 01/12/26 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-151V BRITTANY SHUMPERT, Chief Special Master Corcoran Petitioner, Filed: December 11, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 28, 2025, Brittany Shumpert 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”) after receiving an influenza (“flu”) vaccination on October 21, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 13, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On December 10, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $50,500.00 for her pain and suffering, and $1,674.10 for full satisfaction of two State of Wisconsin Medicaid liens, in the amounts of $113.51 and $1,560.59. Proffer at 2-3. In the Proffer, 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-00151-UNJ Document 29 Filed 01/12/26 Page 2 of 6 Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner the following: 1) a lump sum payment of $50,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; 2) a lump sum payment of $113.51, representing compensation for satisfaction for a portion of the State of Wisconsin Medicaid lien, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to: WISCONSIN CASUALTY RECOVERY 22 East John Carpenter Freeway, Suite 500 Irving, TX 75062 ATTN: Arnoldo Martinez Re; Brittany Shumpert Medicaid ID No. 7413314771 3) a lump sum payment of $1,560.59, representing compensation for satisfaction of the remainder of the State of Wisconsin Medicaid lien, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to: Dean Health Plan P.O. Box. 56099 Madison, WI 53705-9399 ATTN: Amber Lucey Re: Brittany Shumpert Medicaid ID No. 7413314771 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.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 1:25-vv-00151-UNJ Document 29 Filed 01/12/26 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) BRITTANY SHUMPERT, ) ) Petitioner, ) No. 25-0151V ) Chief Special Master Corcoran v. ) ECF ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 28, 2025, Brittany Shumpert (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine she received on October 21, 2023. Petition at 1. On August 12, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a Table injury of SIRVA after a flu vaccination, and on August 13, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 14, 15. I. Items of Compensation Based on the evidence of record, respondent proffers that petitioner should be awarded the following: Case 1:25-vv-00151-UNJ Document 29 Filed 01/12/26 Page 4 of 6 A. Pain and Suffering Respondent proffers that petitioner should be awarded $50,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Wisconsin’s Medicaid lien in the amount of $1,674.10, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Wisconsin may have against any individual as a result of any Medicaid payments the State of Wisconsin has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about October 21, 2023. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees II. Form of the Award The parties recommend that compensation provided to petitioner should be made through three lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 A. A lump sum payment of $50,500.00, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. B. A lump sum payment of $113.51, representing compensation for satisfaction of a portion of the State of Wisconsin Medicaid lien, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to: 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages. 2 Case 1:25-vv-00151-UNJ Document 29 Filed 01/12/26 Page 5 of 6 WISCONSIN CASUALTY RECOVERY 22 East John Carpenter Freeway. Suite 500 Irving, TX 75062 ATTN: Arnoldo Martinez Re: Brittany Shumpert Medicaid ID No. 7413314771 C. A lump sum payment of $1,560.59, representing compensation for satisfaction of the remainder of the State of Wisconsin Medicaid lien, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to: Dean Health Plan P.O. Box 56099 Madison, WI 53705-9399 ATTN: Amber Lucey Re: Brittany Shumpert Medicaid ID No. 7413314771 Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRETT A. SHUMATE Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON Assistant Director Torts Branch, Civil Division 3 Case 1:25-vv-00151-UNJ Document 29 Filed 01/12/26 Page 6 of 6 /s/ Mitchell H. Jones MITCHELL H. JONES Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-1748 mitchell.jones@usdoj.gov DATED: December 10, 2025 4