United States Court of Federal Claims, 2025

Abramson v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 9, 2025 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0053V

BRITTANY ABRAMSON, Chief Special Master Corcoran Petitioner, Filed: July 29, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.

Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On January 13, 2025, Brittany Abramson 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”) following an influenza vaccination she received on September 20, 2023. Petition at 1; Stipulation, filed at July 29, 2025, ¶¶ 2, 4. Petitioner further alleges that her “SIRVA injury has lasted more than six months.” Petition at ¶ 13; Stipulation at ¶ 4. “Respondent states that “there is not a preponderance of evidence demonstrating that Petitioner’s injury is due to a factor unrelated to vaccination.” Stipulation at ¶ 5.

Nevertheless, on July 29, 2025, the parties filed the attached joint stipulation,3 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).

The filed Stipulation included an electronic signature page that has been removed from the attachment to protected the confidential information of the signers.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $65,956.95, 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. 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.

I� THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) BRITTANY ABRAMSON, ) ) Petitioner. ) ) No. 25-53V \. ) Chief Special Master Corcoran ) ECr SECRETARY OF HEALTH AND ) HU\11/\N '-iERVICES. ) ) kcsptindent. )

STIPULATION fhe parties hereby stipulate to the following matters: 1. r�rittany . \bramson, petitioner, filed a petition for vaccine compensation under the "\iational Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vau:inc Program"'). The petition seeb compensation for injuries allegedly related to petitioner's receipt of an inflt,en1a ( .. fl 1.1 .. ) vaccine. \\ h ich is a vaccine contained in the Vaccine lnj ury Table (the "Tahle"'). 42 C.F.R. § I 00.3 (a).

2. Pel1tioner recei\ ex! the 11u \ accine on September 20. 2023. 1 3. The vaccination \\ a5 administered\\ ithin the United States.

4. Petitioner sustained a left shoulder injury related to vaccination administration CS!RV.'\ •• ) within the time period set forth in the Table following receipt of the flu \accinc and

' I\ ho on September 20, 2023, petitioner received a COVID-19 vaccine. Vaccines again!)t r,.OVID-19 are not contained in the Vaccine Injury Table. 42 U.S.C. § 300aa-14: 42 C.F.R. � l 00.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Puh!i-: Readines� and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d. 2-Hd-6eJ i:laims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compt:nsablc under the Countermeasures Injury Compensation Program (..CICP''). 85 Fed. Reg. l 5198, 15202 (Mar. 17. 2020).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.