EULGEN v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1578V
PATRICIA EULGEN,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: December 19, 2025
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 13, 2023, Patricia Eulgen 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 September 19,
2020 influenza (“flu”) vaccine. Petition at 1; Stipulation, filed December 17, 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 ¶¶ 	18-20. “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).
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2
Nevertheless, 	on 	December 	17, 	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 $25,500.00, 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
OFFICE OF SPECIAL MASTERS
PA TRICIA EULGEN,
Petitioner,
V.
SEC RETARY OF H EALT H
AND HUMAN SE RVI CES,
Respo nd e nt.
No. 23- 1578V (ECF)
Chief Spec ial Master Co rcora n
STIPULATION
The pa rti es here by stipulate to the fo ll ow in g matte rs:
I. 	Patricia Eul ge n, petitioner, filed a petition for vaccine compensatio n und er the
National Vaccine Injury Co mp ensation Program , 42 U.S.C. §§ 300aa- l Oet seq. (the "Vaccine
Pro gra m"). The petition seeks co mp en sa ti on for injuri es a ll eged ly related to petitioner's receipt
of an influ en za vacc in e, which vaccine is co ntain ed in the Vaccine Injury Table (the "Table"),
42 C.F.R. § I 00.3(a).
2. 	Pe titi oner received an influen za vaccine on Septembe r 19 , 2020, in the left a rm .
3. The vaccination was ad mini ste red within the Unit ed States.
4. Petitioner a ll eges th at petitioner sustai n ed a sho uld er injury related to vaccine
admini stration ('"SI RV A"') as set fo11h in th e Tab le. 	Petitioner further a ll eges that petition er
exper ienced the res idu al effects of this cond iti on for more than six months.
5. Pet ition er rep rese nt s that there h as been no prior awa rd or settlement of a civ ii action
for damages on petitioner's behalf as a res ult of petitioner's co ndition.
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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 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-2 I (a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $25,500.00 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-l 5(a).
9. As soon as practicable after the entry of jud gment on entitlement in th is 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 inCLmed 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. § 3 00aa-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,
2
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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.
11. Payment made pursuant to paragraph 8 of this Stipulation 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 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 behalfofpetitioner' 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 Court of Federal Claims, under the Vaccine Program , 42 U.S.C.
§ 3 00aa-10 et se q. , 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 influenza vaccination administered on September 19, 2020 , as alleged by
petitioner in a petition for vaccine compensation filed on or about September 13 , 2023 , in the
United States Court of Federal Claims as petition No . 23-1578V.
3
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14 . If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of e ith er or both of the parties.
15 . If the special master fails to issue a decision in comp lete conformity with the terms
of this Stipulation or if the Court of Federal C laim s fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the pa11ies'
settlement and this Stipulation sha ll be voidab le at the sole discretion of either party.
16. This Stipu lation expresses a full and complete negotiated settlement of liability and
damages cla im ed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above . There is abso lutely no agreement on the pai1 of the
pa11ies 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
Stipulat ion may reflect a compromise of the parties ' respective positions as to li ability 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 Service that the influ enza vaccine caused petitioner's alleged
injury or any other injury or petitioner' s current disabilities, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and ob li gations of petitioner hereunder shall apply equally to petitioner' s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4
Case 1:23-vv-01578-UNJ Document 42 Filed 01/22/26 Page 6 of 7

' Respectfully submitted,
PETITIONER:
p~:__~
PATRICIA EULGEN
ATTORNEY. OFRECORO 	AUTHORIZED REPRESENTATIVE
·FOR PETITJONER: 	OFTHEATTORNEY GENERAL:
~<MAfL -C· r{OY)'LQ.f 	~~
C,0,voM~ C~ fule &3 ,I cd(~ ...,fk~~ 	4 	,. ~
RONALD HOMER 	HEATHER L. PEARL 	.
Co nway Homer PC
16 Shav.;mut Street
Boston, MA 02116
(617) q95-1990 •
jpepper@ccandh.com
I 	- 	I •
AUTHORIZED REPRESENTATIVE
OR-THE SECRETARY OF HEALTH	r 	.
.ANDllUMAN SERVICES:
jefff~Y $ •• .. I Digitally signed by
. 	, 	' 	• 	AJeffrey S. Beach •S
B
• eac· n'·· -5 	/~.Date:2025.12.10 	f
• 	l 	J5:QJ :45 -os·oo· 	or
APT GEORGE REED GRJMES, MD, MPH
irector,>fQivision:of lnjury 	' 	.
,,,Coi¥pensation Programs
' l{ealtb Sy ~tems"Bureau 	.
HealtJ,i Reso~rces,a,n~ Services'
_Aq111iμ _i_stratio11 • ,
,.._D.ep,artment Qfi~altn
d liJ\~W,an .Serv icefi • 	•
,> <'' A" Lal),e 	f4W-18
Deputy Director
Torts Branch
Civil Divisio11:
U.S ..Department of Justice
P.O: Box 146
Benjamin ,Franklin Station
Washington , DC -20044-0 I 46
ATTORNEY OF RECORD FOR
RESPONDENT:
Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice
P.O . Box 146
Benjamin Franklin Station
Washingt_on, DC 70044-0146
(~02) 305-1159
Naseem ,Kourosh@usdoj.gov .
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