The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-2195V
SHARON BROWN, Chief Special Master Corcoran
Petitioner, Filed: September 12, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner.
Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 29, 2023, Sharon Brown 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”) resulting from an influenza (“flu”) vaccine received on January
28, 2022. Petition at 1; Stipulation, filed September 12, 2025, at ¶¶ 2-4. Petitioner further
alleges that the vaccine was administered in the United States, she experienced the
residual effects of her condition for more than six months, and there has been no prior
award or settlement of a civil action for damages on her behalf as a result of her condition.
Petition at ¶¶ 2, 13, 15, 16; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner
sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged
SIRVA, 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).
Nevertheless, on September 12, 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 $27,500.00, 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 CLAJMS
OFFICE OF SPECIAL MASTERS
SHARON BROWN,
Petitioner,
v. No. 23-2195V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
J. Sharon Brown ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-JO to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccination on January 28, 2022. 1
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that she sustained a Table shoulder injury related to vaccine
administration ("SIRVA"} within the time period set forth in the Table folJowing administration
1 On January 28, 2022, petitioner also received a COVID-19 vaccine. Petitioner also received
COVID-J 9 vaccines on February 27, 2021 and March 27, 2021. Vaccines against COVID-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. §§ 24 7d-6d, 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. 15198, 15202 (March 17, 2020).
of the vaccine. Petitioner 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 condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
flu vaccine caused petitioner's alleged SIRVA, 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 ofjudgment 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-21 (a)(I ), the Secretary of Health and Human
Services will issue the fo11owing vaccine compensation payment:
A lump sum payment of $.27,500.00 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-2 I (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.
l 0. 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
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under 42 U .S.C. § 300aa- I 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 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(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 wiJI be used solely for the benefit of petitioner as
contemplated by a strict construction of 42 U.S.C. § 300aa-l S(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-l 0 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 petitioner resulting from, or that may be alleged to have resulted from, the vaccinations
administered on February 27, 2021, March 27, 2021, and January 28, 2022 (ii) that petitioner has
had, now has, or hereafter may have with respect to the injury that gave rise to the petition fo r
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vaccine compensation filed on or about December 29, 2023 in the United States Court of Federal
Claims as petition No. 23-2195V; 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), for a claim alleging that a covered
countenneasure, including the COVID-t 9 vaccinations administered on February 27, 2021,
March 27, 2021, and January 28, 2022, on its own or in combination with the flu vaccination
administered on January 28, 2022, caused or seriously aggravated the injuries that were the
subject of the petition for vaccine compensation filed on or about December 29, 2023, in the
United States Court of Federal Claims as petition No. 23-2195V, including a shoulder injury, 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 confonnity with the
tenns 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.
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,
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 her CICP claim and waiver of any potential compensation under the CICP.
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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 ofthe 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
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 or any other vaccination caused
petitioner's alleged SIRVA or any other injury or petitioner's current condition, 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
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Respectfu lly submittc<l,
ATTORNEY OF RECORD AUTHORIZED REPRESENTATJVJ<:
FOR PJrrTTTONER: OF THE ATTORNEY GENERAL:
;;a::=TI~
Rawls Law Group
.-4(.~~p~
HEATHER L. PEARLMAN
Deputy Director
21 I Rocketts Way, Suite l 00 Torts Branch
Richmond, VA 23231 Civil Division
dtierney@rawlslawgronp.com U.S. Department of Justice
P.O. Box 146
Benjamin rrau.klin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
ANO HUMAN SERVICl<:S:
Jeffrey $, Dlgllally signed by
~ {~-~
Jelfrr.y S. Be.ich ·S
Bea ch -S 011te202S.08.07 ll:13:S7
-04'00' _ fvf
CAPT GEORGE REED GRIMES, MD, MPH m'f:NE A. rlRIPPlS
Direc.;tor, Division of Jnjury Trinl ALtomey
ComptmsaJion Programs ·1orts Branch
Health Systems Bureau C1vjl Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Deportment of Hett Ith Benjamirl Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 305-3250
Rockville, MD 20857 ireoe.a.firippis@usdo3.gov
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