RODRIGUEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-117V
ABBY RODRIGUEZ,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Chief Special Master Corcoran
Filed: October 15, 2025
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 6, 2021, Abby Rodriguez 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 received on December
3, 2018. Petition at ¶¶ 1, 6; Stipulation ¶¶ 1, 4. Petitioner further alleges that she received
her vaccination 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. Petition at ¶¶ 1, 4, 5; Stipulation at ¶¶ 3-5.
“Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that
her current condition is a sequela of a vaccine-related injury ” Stipulation at ¶ 6.
Nevertheless, on October 14, 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.
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
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $40,000.00, 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.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 1:21-vv-00117-UNJ Document 62 Filed 11/18/25 Page 2 of 7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ABBY RODRIGUEZ,
Petitioner,
v. 	Case No. 21 - l 17V
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Chief Special Master Corcoran
ECF
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. 	On January 6, 2021, Abby Rodriguez (" petitioner" ), filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0
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. § I 00.3(a).
2. 	Petitioner received a flu vaccine on December 3, 2018.
3. 	The vaccine was administered within the United States.
4. 	Petitioner alleges that she sustained a shoulder injury related to vaccine
administration (" SIRVA") within the time period set forth in the Table. She further alleges that
she 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 her behalf as a result of her alleged injury.
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6. 	Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused petitioner' s alleged shoulder injury, or any other injury; and denies that her
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-2l(a)(l) , the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
A lump sum payment of $40,000.00 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-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-2l(a)(l) , and an application, the patties 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 her 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
-2-
Case 1:21-vv-00117-UNJ Document 62 Filed 11/18/25 Page 4 of 7

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 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 her
individual capacity, and on behalf of her 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 National Vaccine Injury Compensation
Program, 42 U.S.C . § 300aa- 10 et seq ., 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 flu vaccination administered on December 3, 2018, as
alleged in a petition for vaccine compensation filed on or about January 6, 2021 , and as amended
on June 5, 2022, in the United States Court of Federal Claims as petition No . 21- I I 7V.
-3 -
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14. 	If petitioner should die prior to entry of judgment, this agreement sha ll be voidab le
upon proper notice to the Court on behalf of either or both of the parties.
I 5. 	If the spec ial 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 comp let e conformity with the terms of this Stipulation, then the parties'
settlement and this St ipulation shall be voidable at the sole discretion of either party.
I 6. 	This Stipulation expresses a full and complete negotiated settlement of liability
and damages c laim ed under the National Ch ildhood Vaccine Injury Act of I 986, 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 express ly
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
it ems of compensation sought, is not grounds to modify or revise this agreement.
I 7. 	This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the
flu vaccine caused any other injury; or that her current condition is a sequelae of a vaccine-
related injury.
I 8. 	All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF
STIPULATION
-4-
Case 1:21-vv-00117-UNJ Document 62 Filed 11/18/25 Page 6 of 7

Respectfully submitted,
ATTORNEY OF RECORD FOR
PETI 	IONER:
J 	R. 	OWIE , JR.
Howie Law, P.C.
2608 Hibernia Street
Dallas, Texas
(214) 622-6340
jhowie @howielaw.net
AUTHORIZED REPRESENTATIVE
OF THE SECRET ARY OF HEALTH
AND HUMAN SERVICES:
Jeffrey S.
Beach -5
Digitally signed by
Jeffrey S. Beach -5
Date: 2025.09.18 09:23:05
-04'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: 1o/oq}wz_.5
-5-
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
--4<~~£~HEATHER L. PEARLMAN
Deputy Director
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
)'J l' G.lv,..M cA R. '( C b-v\
~~~~ 	p,_~
JULIANNA R. KOBER
Trial Attorney
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
(202) 742-6375
Julianna.R.Kober@usdoj.gov
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