Opinion

Ward v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Sep 2, 2026
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 25-1464V

KAREN WARD,

Petitioner, Chief Special Master Corcoran

v.

Filed: July 30, 2026

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Rachel L. Brown, Siri & Glimstad LLP, Kansas City, MO, for Petitioner.

Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 3, 2025, Karen Ward 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 10, 2024.

Petition at 1. The case was assigned to the Special Processing Unit of the Office of

Special Masters.

On April 28, 2026, a ruling on entitlement was issued, finding Petitioner entitled to

compensation for her SIRVA. On July 30, 2026, Respondent filed a proffer on award of

compensation (“Proffer”) indicating Petitioner should be awarded $75,000.00 for her pain

and suffering. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees

with the proffered award. Id. Based on the record as a whole, I find that Petitioner is

entitled to an award as stated in the Proffer.

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).

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump

sum payment 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 Section 15(a).

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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

KAREN WARD,

Petitioner, No. 25-1464V

Chief Special Master Corcoran

v. ECF

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

PROFFER ON AWARD OF COMPENSATION 1

On September 3, 2025, Karen Ward (“petitioner”) filed a petition for compensation under

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34 (“Vaccine Act”

or “Act”), as amended, alleging that she suffered a shoulder injury related to vaccine

administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of

an influenza vaccine on October 10, 2024. Petition at 1. On April 23, 2026, the Secretary of

Health and Human Services (“respondent”) filed his Rule 4(c) Report indicating that this case is

appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 16.

On April 28, 2026, Chief Special Master Corcoran issued a Ruling on Entitlement, finding

petitioner entitled to vaccine compensation for her SIRVA. ECF No. 18.

I. Items of Compensation

Based on the evidence of record, respondent proffers that petitioner should be awarded

$75,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

1

This Proffer does not include attorneys’ fees and costs, which the parties intend to address after

the Damages Decision is issued.

This amount represents all elements of compensation to which petitioner is entitled under

42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award/Recommended Payment

The parties recommend that the compensation provided to petitioner should be made

through a lump sum payment as described below, and request that the Chief Special Master’s

damages decision and the Court’s judgment award the following: 2

A lump sum payment of $75,000.00 to be paid through an ACH deposit to

petitioner's counsel’s IOLTA account for prompt disbursement to petitioner,

Karen Ward.

Petitioner is a competent adult. Proof of guardianship is not required in this case.

Respectfully submitted,

BRETT A. SHUMATE

Assistant Attorney General

JONATHAN D. GUYNN

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

2

Should petitioner die prior to the entry of judgment, the parties reserve the right to move the

Court for appropriate relief. In particular, respondent would oppose any award for future

medical expenses, future pain and suffering, and future lost wages.

2

/s/ Lauren Kells

LAUREN KELLS

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station

Washington D.C. 20044-0146

Tel: (202) 616-4187

E-mail: lauren.kells@usdoj.gov

Dated: July 30, 2026

CERTIFICATE OF SERVICE

I certify that on July 30, 2026, a copy of the foregoing pleading will be served by

electronic mail to Rachel Brown at rbrown@sirillp.com.

/s/Lauren Kells

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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