WRIGHT v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-187V
STACEY WRIGHT,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: November 20, 2025
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Crystal Fialkowski, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 31, 2025, Stacey Wilson 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”) after receiving an influenza vaccination on October 11, 2023.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 18, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for her SIRVA. On November 19, 2025, Respondent filed the attached
joint stipulation, 3 requesting that I issued a decision awarding $52,671.62 to Petitioner.
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).
3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the
appropriate amount of compensation to be awarded after an entitlement determination. However, in a
minority of cases, the parties may choose to file a joint stipulation instead, representing more of a
compromise regarding the compensation to be awarded.
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2
Stipulation at ¶ 8. 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 Petitioner a lump
sum payment of $52,671.62, 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. 4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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 1:25-vv-00187-UNJ Document 24 Filed 01/12/26 Page 2 of 8

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
STACEY WRIGHT,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
No . 25-187V
Chief Special Master Corcoran
ECF
STIPULATION
The parties hereby stipulate to the following matters:
1. Stacey Wright ("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, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I00.3( a).
2. Petitioner received a tlu vaccine on October 11 , 2023. 1
3. The vaccine was administered within the United States.
1 On October 11 , 2023, petitioner also received a COVID-19 vaccine. Vaccines against
COVID-19 are not contained in the Vaccine Injury Table. See42 U.S.C. § 300aa-14 and 42
C.F .R. § 1003(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- 6:t ,
247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may
be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85
Fed. Reg. I5198, 15202 (March 17, 2020).
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4. Petitioner sustained a left shoulder injury related to vaccination administration
("SIRVA") within the time period set forth in the Table following receipt of the flu vaccine and
experienced the residual effects of a SIRVA injury for more than six months.
5. There is not a preponderance of evidence demonstrating that petitioner's injury is due
to a factor unrelated to vaccination.
6. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of petitioner's condition.
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA Table injury. Therefore, 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $52,671.62 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-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.
I 0. 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
2
Case 1:25-vv-00187-UNJ Document 24 Filed 01/12/26 Page 4 of 8

primarily liable under 42 U.S.C. § 300aa-l 5(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.
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-J S(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 unreimbursed 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-l 5(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-l Oet 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
petitioner resulting from, or that may be alleged to have resulted from, the vaccinations
administered on October I I, 2023, and (ii) that petitioner has had, now has, or hereafter may
3
Case 1:25-vv-00187-UNJ Document 24 Filed 01/12/26 Page 5 of 8

have with respect to the injury that gave rise to the petition for vaccine compensation filed on or
about January 31, 2025, in the United States Court of Federal Claims as petition No. 25• I87V;
and (b) waives any and all rights to any compensation that may be available under the
Countenneasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action
under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the
COVID• 19 vaccination administered on October t J, 2023 , on its own or in combination with the
flu vaccination administered on October I I, 2023 , caused or seriously aggravated the injuries
that were the subject of the petition for vaccine compensation filed on or about January 3 t, 2025 ,
in the United States Court of Federal Claims as petition No. 25-187V, including a shoulder
injury, for which petitioner wiJI receive compensation pursuant to this Stipulation. ff 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 decis ion in complete confonnity 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 .
2 After entry of judgment reflecting a decision consistent with the tenns of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CJCP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
4
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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 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. The 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 shoulder injury
or any other injury or her current condition; however, petitioner has satisfied the Table criteria to
establish entitlement to compensation.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
s
Case 1:25-vv-00187-UNJ Document 24 Filed 01/12/26 Page 7 of 8

Respectfully submitted,
PETITIONER:
STACEY WRIGHT
ATTQRNEY OF RECORD FOR
PETITIONER:
~~ -Muller Braz.ii
715 Twining Road. Suite 208
Dresher, PA 19025
(215) 885-1655
paul@mullerbrazil.com
AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:
Jeffrey$. 	~1::~t ~tedbyJeffrey
Beach -S 	Oate:2025.11.0419:00:57
--0s·oo· 	for
CAPT GEORGE 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: 	/ / /1 q /Bo~ ~
6
AUTHORIZED REPRESENTATJVE
OF THE ATIORNEY GENERAL:
-M,iN::«,,1A~ 	&~
HEATHER L. PEARLMAN
Deputy Director
Torts Branch
Civi I Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATIORNEY OF RECORD FOR
RESPONDENT:
~ ~~
CRYSTAL R. FlALKOWSKl
Trial Attorney
Torts Branch
Civi I Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044 -0146
(202) 353-5267
crystal.fialkowski@usdoj.gov
Case 1:25-vv-00187-UNJ Document 24 Filed 01/12/26 Page 8 of 8