ROSS v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1302V
TAMMY ROSS,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 18, 2025
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 15, 2022, Tammy Ross 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 administered on
October 11, 2021. Petition at 1; Stipulation, filed at December 9, 2025, ¶¶ 1, 2. Petitioner
further alleges that the vaccine was administered within the United States, that she
sustained an injury within the time period set forth in the Vaccine Injury Table, that she
experienced the residual effects of her condition for more than six months, and that there
has been no award or settlement of a civil action for damages on her behalf as a result of
her injury. Petition at 1, 13; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner
sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged left
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).
$0333&$5&%
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2
Nevertheless, on December 9, 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 $99,500.00, 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 UNITED STATES COURT OF FEDERAL CLAIMS
OF FICE OF SPECIAL MASTERS
TAMMY ROSS,
Petitioner,
V. 	No. 22-l 302V (ECF)
Chief Special Master Corcoran
SECRETA RY OF HEALTH
AND H UMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Tammy Ross, petitioner, filed a petition for vaccine compensation under the Nationa l
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oet seq. (the "Vaccine Program").
The petition seeks compensation for injuries allegedly re lated to petitioner's rece ipt of the
influenza (• 'flu") vaccine, wh ich vaccine is contained in the Vaccine Injury Table (the "Tab le"),
42 C.F.R. § I 00.3(a).
2. Petitioner received a fl u vaccine on October 11, 202 1, in her left arm.
3. The vaccination was administered within the United States.
4. 	Pet ition er alleges that petitioner susta in ed a shoulder injury related to vaccine
administration (.. SIRVA") as set forth in the Tab le. Petitioner further al leges that petitioner
experienced th e residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civ il action
for damages on petitioner's beha lf as a result of petitioner's condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Case 1:22-vv-01302-UNJ Document 51 Filed 01/21/26 Page 3 of 7

vaccine caused petitioner' s alleged left 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 of judgment 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 $99,500.00 , to be paid through an ACH deposit to petitioner' s
counsel ' s IOL TA 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-21 (a)(l ), and an application , the parties will submit to further proceedings before
the special master to award reasonable attorneys ' fees and costs incurred in 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.
2
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11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipu lation 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 stipu late 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 sole ly for petitioner's benefit 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 petitioner' s
individual capacity , and on behalfof petitioner' s heirs, executors , administrators, successors or
assigns, does forever irrevocab ly and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and a ll actions or causes of
action (including agreements, judgments , c laim s, damages, lo ss 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 Court of Federal C laims , under the Vaccine Program , 42 U.S.C.
§ 300aa-10 et seq. , on account of, or in any way growing out of, any and a ll 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 October 11 , 202 1, as alleged by
petitioner in a petition for vaccine compensation filed on or about September 15, 2022 , in the
United States Cou11 of Federal Claims as petition No. 22-I 302V.
14. If petitioner should die prior to entry of judgment , this agreement sha ll be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3
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15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms 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. Thi s Stipula ti on sha ll not be co ns tru ed as an a dmi ss ion by th e Unit ed States or th e
Sec retary of Hea lth a nd Hum an Se rvice th at th e flu vacc in e ca use d pe titi oner·s a ll eged injury or
an y o th er injury or pe titi oner's curre nt di sabilities, or that petition er suffered an injury contain ed
in th e Vaccin e 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 STIPULATION
4
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Rcspcctt\tlly sub111i 1tc1I,
AT T OltN EY OF R 'ECOIU>
FOR PETI T IO NER:
- ~ 	···· ~
JOl N R. II OW IE
Ho 	k Law, P.C.
2608 Hibernia Strccl
Oallas. TX 75204
(214) 622-6340
jhowie@howiclaw.net
AU THORIZ ED REPRESEN TATIV E
OF TH E SECRETA RY OF HEA LTH
AND HUMAN SE RVI CES:
Jeffrey S. 	~i~=~t!9ntclbyJcflr~
Beach -5 	Date: 202S.12.031 4:56:33
--0s·oo· 	for·- ------
CAPT GEORGE REEO GRI MF.S, MD, M PH
Director, Division of Injury
Compensation Programs
H ealth Systems Hu r cau
Health Resources ,md Scrviccs
Administrat ion
U.S. Department of llcalth
and Human Services
5600 Fishers Lane, 14 W- 1H
Rockv ille, MD 20R57
Da ted:
AUTIIORIZ ED R.t<: PRESt:NT A TI VE
OF THE ATTOR NEY GF:NER AL:
-4'4'.~~&~
5
HEATH ER L. PEARLMAN
Deputy Director
Torts nranch
Civi l Division
U.S. Depa rt ment of Ju stice
P.O. Box 146
Benjamin Fra n klin Sta tion
Wash ington, DC 20044-014(1
ATTORNEY OF R F.C ORD FO R
RES PONDENT :
Trial Attorney
Torts Brnnch
Civil Di\'ision
U. S. Dcpnrtmenr of Ju slicc
P.O. Box 146
lknjnmin Franklin Station
Washington , DC 20044-0 14(,
{202) 305-1159
Nasccm.Kourosh~i,usdoj .go,
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