WARD v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1711V
GEORGE WARD,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: October 20, 2025
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 22, 2024, George Ward 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of his October 13, 2022, influenza (“flu”) vaccination.
Petition at ¶¶ 1, 23; Stipulation at ¶¶ 1-4. Petitioner further alleges that he received his
vaccination in the United States, that he suffered the residual effects of his injury for more
than six months, and that there has been no prior award or settlement of a civil action on
his behalf as a result of his injury. Petition at ¶¶ 21-23; Stipulation at ¶¶ 3-5. “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 [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 October 17, 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 $36,000.00, 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 final page of the parties’ stipulation, a Vinesign verification, has been removed 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.
Case 1:24-vv-01711-UNJ Document 24 Filed 11/19/25 Page 2 of 8

Vinesign Document ID: CB254A67-4785-40DF-A17F-26636D24B700
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GEORGE WARD ,
Petitioner,
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No. 24-171 JV (ECF)
Chief Special Master Corcoran
STIPULATION
The paities hereby stipulate to the following matters:
I . George Ward ("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 an influenza ("flu") vaccine. This vaccine is contained in the Vaccine lnjury Table (the
"Table"), 42 C.F.R. § I 00.3.
2. Petitioner received a flu vaccine on October 13 , 2022. 1
3. The vaccine was administered within the United States.
1 On October 13 , 2022 , petitioner also received a pneumococcal conjugate vaccine in his right
deltoid. He does not claim injury from this vaccine. Later, on November 3, 2022 , petitioner
received a COVlD-19 vaccine in his affected left deltoid. Petitioner does not claim injury from
this vaccine. Moreover, vaccines against COVTD-19 are not contained in the Vaccine Injury
Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § I00.3(a). Pursuant to the declaration issued by
the Secretary of Health and Human Services under the Public Readiness and Emergency
Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19
countermeasures, including vaccines, may be compensable under the Countermeasures lnjury
Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202 (March 17 , 2020).
The signed document can be validated at https://app.vinesign.comNerify
Case 1:24-vv-01711-UNJ Document 24 Filed 11/19/25 Page 3 of 8

4. Petitioner alleges that he sustained a left shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table. He further claims that he
experienced the residual effects of this 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 his behalf as a result of his alleged injury.
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 his
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 tem1s of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $36,000.00 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- I 5(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 I(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 proceeding upon this
petition.
2
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10. Petitioner and his 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.
1 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 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 behalf of petitioner's heirs, executors, administrators, successors or
assigns, (a) 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
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq. , (i) 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
3
Case 1:24-vv-01711-UNJ Document 24 Filed 11/19/25 Page 5 of 8

petitioner resulting from , or that may be alleged to have resulted from , the vaccinations
administered on October 13 , 2022, and (ii) that petitioner has had , now has, or hereafter may
have with respect to the injury that gave rise to the petition for vaccine compensation filed on or
about October 22 , 2024, in the United States Court of Federal Claims as petition No. 24-171 IV ;
and (b) waives any and all rights to any compensation that may be available under the
Counte1111easures Injury Compensation Program (CJCP), 42 U.S.C. § 247d-6e (or an action
under 42 U.S.C. § 247d6d(d)), for a claim alleging that a covered countermeasure. including the
COVID-19 vaccination administered on November 3, 2022, on its own or in combination with
the flu vaccination administered on October 13, 2022, caused or seriously aggravated the injuries
that were the subject of the petition for vaccine compensation filed on or about October 22. 2024,
in the United States Court of Federal Claims as petition No. 24-1711 V, including an alleged
SJRVA, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner
has such a claim currently pending with the CICP. petitioner hereby withdraws such claim for
compensation in the CICP. 2 If no claim for compensation has been filed in the CICP as of the
date this Stipulation is filed , petitioner waives the right to file a claim as described in this
paragraph for compensation in the CICP.
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 Court of Federal Claims fails to enter judgment in conformity with a
2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of any CICP claim and waiver of any potential compensation under the CICP.
4
Case 1:24-vv-01711-UNJ Document 24 Filed 11/19/25 Page 6 of 8

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 paities' respective positions as to liability and/or
amount of damages, and fu1ther , 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 flu vaccine caused petitioner's alleged injuries
or any other injury or his current disabilities. 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 STIPULATION
5
Case 1:24-vv-01711-UNJ Document 24 Filed 11/19/25 Page 7 of 8

Respectfully submitted,
PETITIONER:
~J~GEORGE WARD
ATTORNEY OF RECORD 	AUTHORIZED REPRESENTATIVE
FOR 	TITIONER: 	OF THE ATTORNEY GENERAL:
. 	-!} 	ftu/lu c:J ~\:?--. ?~
' AVID J. CARNEY 	-r 	HEATHER L. PEARLMAN
Green & Schafle LLC 	Deputy Director
2332 South Broad Street 	Torts Branch
Philadelphia, PA 19145 	Civil Division
Tel: (215) 326-9256 	U.S. Depmtment of Justice
Email: dcarney@greenlegalteam.com 	P.O. Box 146
AUTHORIZED REPRESENTATIVE
OF THE SECRET ARY OF HEAL TH
AND HUMAN SERVICES:
Jeffrey S.
Beach -5
Digitally signed by
Jeffrey S. Beach -S
Date: 2025.09.25
13:36:32 -04•00· 	for
CAPT GEORG E REED GRIMES , MD , MPH
Director, Division of Injury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U.S. Department of Health
and Human Services
5600 Fishers Lane, 14 W-18
Rockville, MD 20857
Dated: Io} r:rho-z.,.S
6
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
~a,..t\43~
~~LP.~
SARAH B. RIFKIN
Trial Attorney
Torts Branch
Civil Division
U. S. Depmtment of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 305-5997
Email: sarah.rifkin@usdoj .gov
Case 1:24-vv-01711-UNJ Document 24 Filed 11/19/25 Page 8 of 8