VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00449 Package ID: USCOURTS-cofc-1_25-vv-00449 Petitioner: Kristy Sheffler Filed: 2025-03-10 Decided: 2025-12-11 Vaccine: influenza Vaccination date: 2023-11-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: On March 10, 2025, Kristy Sheffler filed a petition alleging that an influenza vaccination administered on November 15, 2023 caused a shoulder injury related to vaccine administration. The public stipulation identifies her as an adult but does not state an exact age. Respondent denied that Ms. Sheffler sustained a Table SIRVA, denied that the flu vaccine caused her shoulder injury or any other injury, and denied that her current condition was vaccine-related. The public text does not describe onset, treatment, imaging, injections, therapy, or functional limitations. On December 11, 2025, Chief Special Master Corcoran adopted the parties' stipulation and awarded $25,000.00 as a lump sum through counsel for all damages available under the Vaccine Act. Theory of causation field: Adult petitioner; influenza vaccine November 15, 2023; alleged SIRVA. COMPENSATED by stipulation. Respondent denied Table SIRVA and causation; public text lacks clinical chronology. Decision December 11, 2025. Award $25,000.00 lump sum. Petition filed March 10, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00449-0 Date issued/filed: 2026-01-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/11/2025) regarding 22 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00449-UNJ Document 27 Filed 01/14/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-449V KRISTY SHEFFLER, Chief Special Master Corcoran Petitioner, Filed: December 11, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 10, 2025, Kristy Sheffler 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 Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of her November 15, 2023 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed December 9, 2025, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 8-10. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner's alleged shoulder injury or any other injury; and denies that [P]etitioner's current condition is a sequela of a vaccine-related 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-00449-UNJ Document 27 Filed 01/14/26 Page 2 of 7 Nevertheless, on December 9, 2025, the parties filed the attached joint stipulation,3 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 $25,000.00, 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 The Vinesign verification form at page six of the parties’ Stipulation has been omitted from the attached copy of the Stipulation. 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-00449-UNJ Document 27 Filed 01/14/26 Page 3 of 7 Vineslgn Document ID: 41C290E1-0F84-4A66-9478-BF91F4CE3F66 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KRISTY SHEFFLER, ) ) Petitioner, ) No. 25-449V ) Chief Special Master Corcoran v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, Kristy Sheffler, 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 contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3 (a). 2. Petitioner received a flu vaccine on or about November 15, 2023. 3. The vaccine was administered within the United States. 4. The petition alleges that petitioner sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. The petition further alleges that petitioner experienced the residual effects oft his condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages arising out of the alleged vaccine injury. The signed document can be validated at https://app.vinesign.comNerify Case 1:25-vv-00449-UNJ Document 27 Filed 01/14/26 Page 4 of 7 6. 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 petitioner's 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)(I ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(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 l (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in any proceeding upon this petition. 10.Petitioner and petitioner's 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-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, and 2 Case 1:25-vv-00449-UNJ Document 27 Filed 01/14/26 Page 5 of 7 represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa-l 5(g). I I .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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-I 5(g) and {h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's 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 United States Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l O 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 15, 2023, as alleged in a petition for vaccine compensation filed on or about March l 0, 2025, in the United States Court of Federal Claims as petition No. 25-4491/. 3 Case 1:25-vv-00449-UNJ Document 27 Filed 01/14/26 Page 6 of 7 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. 15. If the special master fails to issue a decision in complete conformity 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 tenns 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 vaccine caused petitioner's alleged 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. END OF STJPULA TION 4 Case 1:25-vv-00449-UNJ Document 27 Filed 01/14/26 Page 7 of 7 Respectfully submitted, PETITIONER: KRISTY SHEFFLER ATIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~¼..f-~ LJ.MULLER HEATHER L. PEARLMAN MULLER & BRAZIL LLC Deputy Director 715 Twining Road Torts Branch, Civil Division Suite 208 U.S. Department of Justice Dresher, PA 19025 P.O. Box 146 215-885-1655 Benjamin Franklin Station max@mullerbrazil.com Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: s Jeffrey Digitally signed by • Jeffrey S. Beach -S -S Beach Date:2025.12.03 1s :00:s4 -os·oo· for CAPT GEORGE REED GRJMES, MD, MPH Director, Division of Injury Tri 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 and Washington, DC 20044-0146 Human Services 202-30S-403 S 5600 Fishers Lane, 14W-f 8 parisa.tabassian@usdoj.gov Rockville, MD 20857 _i _,1_1_..-S_- _ Dated: _ \ 1_....\ 5