VISTE v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0983V
ZENAIDA VISTE,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 31, 2025
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 26, 2024, Zenaida Viste 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 	(“flu”) 	vaccine 	received 	on
September 15, 2022. Petition at 1; Stipulation, filed December 30, 2025, at ¶¶ 2-4.
Petitioner further alleges the vaccine was administered in the United States, she suffered
residual effects of her condition for more than six months, and there has been no prior
award or settlement of a civil action for damages on her behalf as a result of her condition.
Petition at ¶¶ 8, 46, 47; Stipulation at ¶¶ 3-5. “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.
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).
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2
Nevertheless, 	on 	December 	30, 	2025, 	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 $42,500.00, 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. 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.
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IN THE UNITE)) ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SP EC IAL MASTERS
ZEN AID A VIST E,
Pet iti oner,
v. 	No. 24-983V
SECRETARY OF H EA LTH AND
HU MAN SE RVI CES,
C hi ef Speci al Mas ter Co rco ran
ECF
Respo nd ent.
STIPULATION
Th e pa rti es hereby stipulate to th e fo ll owing matters:
1. 	Ze naid a Viste ("peti tioner") fi led a pe t iti on fo r vaccine co mpe nsation un der th e
Na ti ona l Vaccine Injury Co mp ensa ti on Program, 42 U.S.C. § 30 0aa-l O to 34 (th e "Vacc in e
Program"). Th e pet iti on seeks co mp ensa ti on fo r injuri es a ll ege dl y related to pe titi oner 's receipt
of th e influ enza (" flu ") vacc in e, whi ch is a va cc in e co nt a in ed in th e Va cc in e Injury Ta b le ( th e
"Table"), 42 C.F .R. § 100 .3(a ).
2. 	Pe titi oner rece ive d a flu vacc in a ti on on Sep tem be r 15, 2022.
3. 	The flu vacc in e was admini ste red withi n th e United Stat es.
4. 	Pe titi oner a ll eges that she susta ined a Table shoulder injury related to vacc in e
admini str at ion ("S IRVA ") within th e t im e pe ri od set fo rth in th e Tab le fo ll ow in g administration
of th e vacc ine. Pe titi oner furth er alleges th at she expe ri ence d th e res idu al effects of her
co ndition fo r more th an six mo nth s.
5. 	Petiti oner rep rese nt s t hat th ere ha s bee n no prior awa rd or se ttleme nt of a c ivi I
action fo r da ma ges on her be half as a res ult of her co ndi t ion .
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6. 	Respondent de ni es that petitioner sustained a SIRVA Ta bl e inj ury; denies that the
flu vaccine ca used petitioner's alleged shou ld er injury, or any other injur y; and denies th at
petitioner's c urrent co ndition is a sequela of a vaccine-related injury.
7. 	Maintaining the ir above-stated pos iti ons, th e parties nevertheless now agree th at
the issues between th em s hall be settled a nd that a decision should be entered awarding th e
compensation describ ed in pa r ag raph 8 of th e Stipul ation.
8. 	As soon as pract icable after an e nt ry of judgment reflect in g a decision co nsistent
with the te rm s of th e St ipula tion, a nd after petitioner lrn s til ed an election to receive
co mp ensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I ), t he Secretary of H ea lth an d Human
Se rvices w ill iss ue the fo llow in g vacci ne co mp ensation payment:
A lump sum payme nt of $42,500.00 to be paid through an ACH deposit to
petitioner's co un se l's IOLTA acco unt fo r prompt disbursement to
petitioner. The amount represents co mp ensation fo r all damages th at
would be available und er 42 U.S.C. § 300aa-15(a).
9. 	As soon as practicable after the e nt ry of j ud gment on entitleme nt in the case, an d
after pet iti oner has filed bot h a proper and timely election to receive co mpensation p ursua nt to
42 U.S.C. § J00aa-2 1(a)( I), and an a ppli ca ti on, th e pa rti es will su bmit to further proceedings
before th e spec ial ma ster to awa rd reasonab le a ttorneys' fees an d costs incurred in proceeding
upon the petition.
I 0. 	Petitioner and her a tt orney represent that co mp ensation to be provided pu rsuant to
the St ipu lation is not fo r any items or services for which the Program is not primarily Iiable
und er 42 U.S .C. § 300aa-15(g), to the exte nt that pay me nt has been made or ca n reasonably be
expected to be made under any State compensation progrnms, insurance policies, Federal or
State health benefits programs (other th an Title XIX of the Soc ial Secu rity Ac t (42 U.S.C.
§ 1396 ct seq.)), or by entities that provide hea lth se rvices on a pre-pa id basis.
2
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11. 	Payment made pursuant to paragraph 8 and any amo unt s awa rd ed pursuant to
par agraph 9 of the Stipulation will be made in accord ance w ith 42 U.S.C. § 300aa- 15( i), su bj ec t
to th e avai lability of s uffi cien t statutory funds.
12. 	The parties a nd th e ir attorneys further ag r ee and stipu late that, except for any
award for attorneys' fee s, and lit iga ti on costs, and pas t w1re imbur sab le expenses, th e money
provided pursuant to th e St ip ula ti on will be used so lely for the benefit or petitioner as
co nt emp lated by a s tri ct co nstruction of 42 U.S.C. § JOOaa- 15 (a) a nd (d), a nd s ubj ect lo the
cond iti ons of 42 U.S.C. § 300aa- l 5(g) an d (h).
13. 	In ret urn fo r th e payments desc ri be d in paragraphs 8 and 9, petitioner, in her
indiv idu al capac ity a nd on beha lf of her heirs, execu to rs, admin istrators, succes so rs or assigns,
does forever irr evocably a nd unconditiona ll y release, ac quit and discharge the United States a nd
the Sec retary of Hea lth and Human Services from a ny a nd a ll act ions, causes of ac tion ( in c ludin g
agreeme nt s, judgments, claims, damages, loss of se rv ices, expenses a nd a ll de ma nd s of whatever
ki nd or natu re) that have bee n brought, co uld have bee n brou g ht , or co uld be time ly brnught in
the Cou rt of Federal Clai,n s, under the National Vaccine r11jury Co mp ensa ti on Prog ram , 42
U.S.C. § 300aa IO ct seq., on acco unt of, or in any way grow ing o ut of, any and a ll known or
unkn own, suspected or un suspec ted perso nal inj uri es to or death of petitioner resu ltin g from , or
al leged to have result ed fr om, the flu vacci ne ad min iste red on or about September 15, 2022, as
al leged by pe titi oner in a pet ition fo r vacc ine co mp ensation fi led on June 26, 2024, in th e Un ited
Sta tes Co urt of Federal Cla im s as pe titi on No. 24-983 V.
14. 	If pet iti oner sho uld die pri or to entry of judg ment, the agreeme nt sha ll be voidable
upon proper notice to th e Co urt on behalf of e ith er or both of the parties.
15. 	If the special mas ter fails to issue a decision in co mpl e te conformity w ith the
te rm s or th e St ipu lat ion or if the Co urt of Federal Clai ms fail s to enter judgme nt in co nfor mi ty
3
Case 1:24-vv-00983-UNJ Document 33 Filed 01/30/26 Page 5 of 7

wit h a decision that is in co mpl ete confoirnity w ith th e terms of the Stipulation, then the parties'
se ttl eme nt and the Stipulation s hall be vo id able at the so le di sc reti on of either part y.
16. 	The Stipulat ion expresses a full a nd co mplete negotiated se ttleme nt of li abil it y
a nd damag es claimed under the Na ti ona l Chi ldh oo d Vaccine Injury Act of J 986, as a1r1 e nd ed,
except as otherwise noted in para gra ph 9 above. There is abso lutely no ag ree ment on the part of
the parties hereto to make any paym e nt or to do any act or thin g o th er than is herei n expr essly
s tat ed and cl ea rly ag ree d t o. The parti es further ag ree and und erstand th at the award described in
the St ipu lation may reflect a compromise of th e parti es ' re spec tive pos itions as to liab ility and/or
amou nt of damages, a nd further, that a change in the nature of the injury or co nditi on or in th e
items of co mp ensa ti on so ught , is not ground s to modify or rev ise th e agreeme nt.
17. 	Th er Stip ul at ion s hall not be co nstrued as an admi ssion by th e United States or th e
Secretary of I Ica lth a nd Human Se rvices th at the nu vacc in e caused pe titi oner 's a ll eged shoulder
injury or any other injury or pe titi o ner 's curre nt co ndition, or th at petitioner su ffered an injll ry
co nta ined in th e Vacc in e Injury Tabl e.
18. 	All rights and o bli gati ons of pe titi o ner here L1n der sha ll apply eqL1all y to
petitioner 's he irs, executor s, administrators, s ucc essors, and/or assigns.
EN D OF ST IPULATION
4
Case 1:24-vv-00983-UNJ Document 33 Filed 01/30/26 Page 6 of 7

Respectfully submitted,
PET~
ATTORNEY OF RECORD
FOR PETITIONER:
Jeffrey S. Pop & Associates
9150 Wi Ishire Blvd ., Suite 241
Beverly Hills, CA 90212
Phone: 310-273-5462
jpop@poplawyer.com
AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:
Jeffrey S. r: Digitally signed by Jeffrey
As.Beach -s
Beach -5 	; .:Dat~.:2025.12.1109:40:25
,. , 	:QS'OQ' 	far
CAPT GEORGE REED GRIMES, MD, MPH
Director, Division oflnjury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U.S. Department of Health
and Human Services
5600 Fishers Lane, 14W-18
Rockville, MD 20857
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
• J,A f d>Y-1 A~ Qo; I ,0 J.&1C::::-
HEATHER L. PEARLMAN
Deputy Director
Torts Branch
Civil Division
U.S. Department of Justice
P.O . Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
'~,, r_ r.- v'V' ?J .
f:l WM-h0 	Lftc~
TYLER C. KING
Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
(202) 305 -0730
Tyler.King@usdoj.gov
5
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