HASLUP v. SECRETARY OF HEALTH AND HUMAN SERVICES

1:24-vv-01477UscfcDec 8, 2025

Full text

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1477V
SOPHIA HASLUP,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: November 7, 2025
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 20, 2024, Sophia Haslup 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 from a shoulder injury related to
vaccine 	administration 	(“SIRVA”) 	as 	a 	result 	of 	an 	influenza 	(“flu”) 	vaccination
administered to her on October 29, 2021. Pet., ECF No. 1. Petitioner further alleges that
the vaccine was received in the United States, she suffered sequela of her injury for more
than 	six 	months, 	and 	neither 	Petitioner 	nor 	any 	other 	party 	has 	ever 	received
compensation in the form of an award or settlement for her vaccine-related injury. Id. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 15, 2025, a Ruling on Entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. ECF No. 20. On November 7, 2025, Respondent filed a
Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$117,500.00 in pain and suffering and $10,670.13 in past unreimbursable expenses.
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 1:24-vv-01477-UNJ Document 35 Filed 12/08/25 Page 1 of 5
2
Proffer at 2, ECF No. 30. In the Proffer, Respondent represented that Petitioner agrees
with the proffered award. See id. Based on the record as a whole, I find that Petitioner is
entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $128,170.03 for pain and suffering and past unreimbursable
expenses 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 Section 15(a).
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.
Case 1:24-vv-01477-UNJ Document 35 Filed 12/08/25 Page 2 of 5
In the United States Court of Federal Claims
O FFICE OF S PECIAL M ASTERS
SOPHIA HASLUP,
Petitioner,
v.
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
Case No. 24-1477V (ECF)
C HIEF S PECIAL MASTER
C ORCORAN
R ESPONDENT’ S P ROFFER ON A WARD OF C OMPENSATION
I. 	Procedural History
On September 20, 2024, Sophia Haslup (“petitioner”) filed a petition for
compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Table shoulder
injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”)
vaccination received on October 29, 2021. Petition at 1.
On May 12, 2025, respondent filed his Rule 4(c) Report, conceding entitlement in
this case because petitioner met the criteria to establish a presumptive Table SIRVA
injury. 	ECF Doc. No. 19 at 1, 6-8. On May 15, 2025, the Court issued its Ruling on
Entitlement, finding that petitioner was entitled to compensation. 	ECF Doc. No. 20.
Case 1:24-vv-01477-UNJ Document 35 Filed 12/08/25 Page 3 of 5
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II. 	Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $128,170.03. The award is comprised of the following: $117,500.00 for pain
and suffering and $10,670.13 for unreimbursable out-of-pocket medical expenses. 	This
amount represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a) regarding her October 29, 2021 flu vaccination. 	Petitioner
agrees.1
III. 	Form of the Award
The parties recommend that compensation provided to petitioner should be made
through a lump sum payment of $128,170.03, to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move
the Court for appropriate relief. 	In particular, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering.
Case 1:24-vv-01477-UNJ Document 35 Filed 12/08/25 Page 4 of 5
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HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Mark K. Hellie
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 616-4208
E: mark.hellie@usdoj.gov
DATED: November 7, 2025
Case 1:24-vv-01477-UNJ Document 35 Filed 12/08/25 Page 5 of 5

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