VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00184 Package ID: USCOURTS-cofc-1_25-vv-00184 Petitioner: Wendy Tully Filed: 2025-01-30 Decided: 2026-04-09 Vaccine: influenza Vaccination date: 2023-10-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 43864 AI-assisted case summary: Wendy Tully filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2025, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 18, 2023. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this injury. Respondent denied that Ms. Tully sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite the denial, the parties filed a joint stipulation on April 9, 2026, agreeing to an award of compensation. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Ms. Tully a lump sum of $43,864.28 for all items of damages available under Section 15(a). The award was to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00184-0 Date issued/filed: 2026-05-12 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 04/09/2026) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00184-UNJ Document 27 Filed 05/12/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0184V WENDY TULLY, Chief Special Master Corcoran Petitioner, Filed: April 9, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 30, 2025, Wendy Tully 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 October 18, 2023. Petition at 1; Stipulation, filed April 9, 2026, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged injury. Petition at ¶¶ 1, 6, 7; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury and denies that the vaccine caused her alleged shoulder injury, or any other 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). Case 1:25-vv-00184-UNJ Document 27 Filed 05/12/26 Page 2 of 8 Nevertheless, on April 9, 2026, 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 lump sum of $43,864.28, 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.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-00184-UNJ Document 27 Filed 05/12/26 Page 3 of 8 Case 1:25-vv-00184-UNJ Document 27 Filed 05/12/26 Page 4 of 8 Case 1:25-vv-00184-UNJ Document 27 Filed 05/12/26 Page 5 of 8 Case 1:25-vv-00184-UNJ Document 27 Filed 05/12/26 Page 6 of 8 Case 1:25-vv-00184-UNJ Document 27 Filed 05/12/26 Page 7 of 8 Case 1:25-vv-00184-UNJ Document 27 Filed 05/12/26 Page 8 of 8