VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00336
Package ID: USCOURTS-cofc-1_25-vv-00336
Petitioner: ROSAUARA VASQUEZ
Filed: 2025-02-25
Decided: 2026-08-19
Vaccine: influenza
Vaccination date: 2023-11-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 101100

AI-assisted case summary:
Rosauara Vasquez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 24, 2023. She further alleged that she suffered the residual effects of her injury for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her injury, and denied that her current condition was a sequela of a vaccine-related injury. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation as the decision awarding damages. Petitioner was awarded a lump sum of $92,000.00 for all damages available under Section 15(a) and a lump sum of $9,100.03 to reimburse a Medicaid lien for services rendered by the State of New York. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00336-0
Date issued/filed: 2026-09-18
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 08/19/2026) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:25-vv-00336-UNJ Document 37 Filed 09/18/26 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-0336V
ROSAUARA VASQUEZ,
Petitioner,
v. Chief Special Master Corcoran
SECRETARY OF HEALTH AND Filed: August 19, 2026
HUMAN SERVICES,
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 25, 2025, Rosauara Vasquez 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 a result of an influenza (“flu”) vaccine she received on
November 24, 2023. Petition at 1; Stipulation, filed at August 12, 2026, ¶¶ 1-4. Petitioner
further alleges that she suffered the residual effects of her injury for more than six months.
Petition at 4; Stipulation at ¶¶1-4. “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 petitioner’s current condition is a sequela of a vaccine-related
injury.” Stipulation at ¶ 6.
Nevertheless, on August 12, 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.
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-00336-UNJ Document 37 Filed 09/18/26 Page 2 of 9
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
a. A lump sum of $92,000.00, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner.
b. A lump sum of $9,100.03, representing reimbursement of a Medicaid lien
for services rendered to Petitioner by the State of New York, in the form
of a check payable jointly to Petitioner and the New York State
Department of Health:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Case UD: 279586
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 1:25-vv-00336-UNJ Document 37 Filed 09/18/26 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROSAUARA VASQUEZ.
Petitioner.
No. 25-336Y
V.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the follO\.\ ing matters:
I. Rosauara Vasquez (·'petitioner. . ) filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program''). The petition seeks compensation for injuries allegedly related to petitioner"s receipt
of the influenza (''flu'') vaccine, which is a vaccine contained in the Vaccine Injury Table (the
··Table'"). 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccination on November 24, 2023.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that she sustained a Table shoulder injury related to vaccine
administration ("SIRVA .. ) within the time period set forth in the Table folio,, ing administration
of the vaccine. Petitioner further alleges that she experienced the residual effects of her
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 her behalf as a result of her condition.
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Case 1:25-vv-00336-UNJ Document 37 Filed 09/18/26 Page 4 of 9
6. Respondent denies that petitioner sustained a SIRVA Table injury: denies that the
tlu 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.
7. Maintaining their above-stated positions, the parties nevertheless agree that
110\.V
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of the Stipulation.
8. As soon as practicable after an entry of judgment renecting a decision consistent
with the terms of the Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
A lump sum payment of$92,000.00 to be paid through an ACH deposit to
petitioner's counsel's IOL TA account for prompt disbursement to
petitioner. The amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-l 5(a).
A lump sum of$9,100.03, representing reimbursement of a Medicaid lien
for services rendered to petitioner by the State of New York, in the form
of a check payable jointly to petitioner and the New York State
Department of Health:
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Case ID: 279586
Petitioner agrees to endorse this check to the New York State Department of Health.
These amounts represent 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 the case. and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21 (a)( I). and an application. the pa11ies will submit to further proceedings
2
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Case 1:25-vv-00336-UNJ Document 37 Filed 09/18/26 Page 5 of 9
before the special master to award reasonable attorneys· fees and costs incurred in proceeding
upon the petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
the Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(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. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of the Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i). subject
to the availability of sutlicient 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 the 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-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner. in her
individual capacity and on behalf of her 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, 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 Cornt of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa 10 et seq., on account of. or in any way growing out of. any and all known or
3
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Case 1:25-vv-00336-UNJ Document 37 Filed 09/18/26 Page 6 of 9
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from. or
alleged to have resulted from, the flu vaccine administered on or about November 24, 2023, as
alleged by petitioner in a petition for vaccine compensation filed on February 25. 2025. in the
United States Court of Federal Claims as petition No. 25-336V.
14. If petitioner should die prior to entry of judgment. the agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformit) with the
terms of the Stipulation or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity ,vith the terms of the Stipulation. then the parties·
settlement and the Stipulation shall be voidable at the sole discretion of either party.
16. The 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 pa11 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 fu11her agree and understand that the award described in
the Stipulation may reflect a compromise of lhe parties· respective positions as to liability and/or
amounl 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 reYise the agreement.
17. The 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 shoulder
injury 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 obligations of petitioner hereunder shall apply equally to
petitioner's heirs. executors. administrators, successors, and/or assigns.
4
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Case 1:25-vv-00336-UNJ Document 37 Filed 09/18/26 Page 7 of 9
END OF STIPULATION
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Case 1:25-vv-00336-UNJ Document 37 Filed 09/18/26 Page 8 of 9
Respectfully submitted.
PETITIONER:
ROSAUARA VASQUEZ
ATTORNEY OF RECORD AUTHORIZED REPRESENT AT IVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
. 4Jtc\.U..u_~ e L C½,.,~
YA. ' CHEIB. ESQ. HEATHER L. PEARLMAN
Zgheib Sayad P.C. Deputy Director
75 South Broadway, 4th Fl. Torts Branch
White Plains, NY 10601 Civil Division
Phone: 914-729-1110 U.S. Department of Justice
j im@vaccinelawyers.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:
IL If
George R. Grimes
DigltallysignedbyGeorgeR.
Grimes •516
-516
Date: 2026.07.30 16;49:11 -04'00'
CAPT GEORGE REED GRIMES. MO, MPH TYLERLgYINd
Director. Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane. 14 W-18 (202) 305-0730
Rockville. MO 20857 Ty ler.King@usdoj.gov
Bayu
{2 ,201£
5 f-
Dated:
t
6
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Case 1:25-vv-00336-UNJ Document 37 Filed 09/18/26 Page 9 of 9
CERTIFICATE OF SERVICE
I certify that today, August 1(cid:21), 2026, a copy of the foregoing pleading was served by
electronic mail to Jimmy Zgheib at jim@vaccinelawyers.com.
s/ Tyler King