# Browning v. Secretary of Health and Human Services > United States Court of Federal Claims · May 8, 2026 URL: https://www.frixlaw.com/law-library/cases/11324440 ## Case - **Court:** United States Court of Federal Claims - **Decided:** May 8, 2026 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Brian H. Corcoran - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11324440 ## Opinion text In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0005V ARLINE BROWNING, Chief Special Master Corcoran Petitioner, Filed: April 7, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 3, 2025, Arline Browning 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 September 12, 2023. Petition at 1; Stipulation, filed April 7, 2026, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she suffered residual effects of her injury 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 alleged injuries. Petition at ¶¶ 2, 16-18; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a Table SIRVA, and further denies that the flu vaccine caused or significantly aggravated any other injury, or petitioner’s current condition.” 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 April 7, 2026, 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 $75,000.00, 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. 2 3Jn toe Wntteb ~tates Qt:ourt of jfeberal Qt:laims OFFICE OF SPECIAL MASTERS ARLINE BROWNING, Petitioner, Case No. 25-0005V (ECF) V. CHIEF S PECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Arline Browing, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa- l Oto -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 the flu vaccine on September 12, 2023. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration ("SIRVA") within the Table time period after receiving the flu vaccine, and alleges that she experienced the residual effects of this injury 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 injuries. 6. Respondent denies that petitioner sustained a Table SIRVA, and further denies that the flu vaccine caused or significantly aggravated any other injury, or petitioner's cun-ent condition. 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 en tty 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 l (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $75,000.00 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 enhy of judgment in this case, and after petitioner has filed both a proper and timely election to receive compensation pL1rsuant to 42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will subm it to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I0. 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- 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 2 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. I 1. Payrnent 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 unrcimbursed expenses, the money provided pursuant lo this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa- I 5(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 U nited 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 lo or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on September 12, 2023, as alleged by petitioner in a petition for vaccine compensation filed on or about January 3, 2025, in the United States Court of Federal Claims as file No. 25-0005V. 3 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 pa1ties. 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 fai ls 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, 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 futther 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 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 Ilcalth and Human Services that the flu vaccine caused petitioner's alleged left shoulder injury or any other injury or her cu1Tent condition, or that petitioner suffered an injury contained in the Vacci ne 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 STlPULATION 4 Respectfully submitted, PETITIONER: ARLINE BROWNING EY OF RECORD FOR AUTHORIED REPRESENTATIVE E: OF THE ATTORNEY GENERAL: ~\i...P~ ~~~rtfi~ifrrr~~~r;::,,,...,.--==-- ~ ~ ~ER L. PEARLMAN Mui e • razi Deputy Director 15-Twining Road, Suite 208 Torts Branch, Civil Division Dresher, PA 19025 U.S. Department of Justice bridget@mullerbrazil.com P.O. Box 146 (215) 885-1655 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Digitally signed by Jeffrey Jeffrey S. s. Beach -s Beach -5 Date:2026.03.2710:32:39 .04·00· for CAPT GEORGE REED GRTMES, MD, MPH MARK K. HELLlE Director, Division ofinjury Trial Attorney Compensation Programs Torts Branch, Civi l Division Health Systems Bureau tJ.S. Department of Justice Health Resources and P.O. Box 146 Services Administration Benjamin Franklin Station U.S. Department of Health and Washinf:,>ton, DC 20044-0 146 Human Services mark.hell ie@usdoj.gov 5600 Fishers Lane, 14W-18 (202) 616-4208 Rockville, MD 20857 Dated: /tf)t i / ] , lO CG 5 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11324440. Public record. Not legal advice.