Eulgen v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1578V

PATRICIA EULGEN, Chief Special Master Corcoran Petitioner, Filed: December 19, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On September 13, 2023, Patricia Eulgen 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 Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of her September 19, 2020 influenza (“flu”) vaccine. Petition at 1; Stipulation, filed December 17, 2025, at ¶¶ 1- 2, 4. Petitioner further alleges that she received the vaccine 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.

Stipulation at ¶¶ 3-5; see Petition at ¶¶ 18-20. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner's alleged shoulder injury, or any other injury; and denies that [P]etitioner's current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on December 17, 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 $25,500.00, 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

PA TRICIA EULGEN, Petitioner, V. No. 23- 1578V (ECF) Chief Spec ial Master Co rcora n SEC RETARY OF HEALTH AND HUMAN SERVI CES, Respo nd ent.

STIPULATION The parties here by stipulate to the fo llow in g matte rs: I. Patricia Eulgen, petitioner, filed a petition for vaccine compensatio n und er the National Vaccine Injury Co mp ensation Program , 42 U.S.C. §§ 300aa- l Oet seq. (the "Vaccine Pro gra m"). The petition seeks co mpensati on for injuri es alleged ly related to petitioner's receipt of an influ enza vaccin e, which vaccine is co ntain ed in the Vaccine Injury Table (the "Table"), C.F.R. § I 00.3(a).

2. Petitioner received an influen za vaccine on Septembe r 19, 2020, in the left arm .

3. The vaccination was ad mini ste red within the United States.

4. Petitioner alleges th at petitioner sustai ned a sho uld er injury related to vaccine admini stration ('"SI RV A"') as set fo11h in th e Tab le. Petitioner further a lleges that petition er exper ienced the res idu al effects of this cond ition for more than six months.

5. Petition er rep rese nts that there has been no prior awa rd or settlement of a civ ii action for damages on petitioner's behalf as a result of petitioner's co ndition.

6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury , 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 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 I (a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,500.00 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-l 5(a).

9. As soon as practicable after the entry of jud gment on entitlement in th is case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs inCLmed in proceeding upon this petition.

10. Petitioner and petitioner's 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. § 3 00aa-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 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 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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for petitioner' s benefit 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 petitioner' s individual capacity, and on behalfofpetitioner' s 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 Vaccine Program , 42 U.S.C. § 3 00aa-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 influenza vaccination administered on September 19, 2020 , as alleged by petitioner in a petition for vaccine compensation filed on or about September 13 , 2023 , in the United States Court of Federal Claims as petition No . 23-1578V.

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 comp lete conformity with the terms of this Stipulation or if the Court of Federal Claim s fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the pa11ies' settlement and this Stipulation shall be voidab le at the sole discretion of either party.

16. This Stipu lation expresses a full and complete negotiated settlement of liability and damages cla imed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above . There is abso lutely no agreement on the pai1 of the pa11ies 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 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 Health and Human Service that the influ enza vaccine caused petitioner's alleged injury or any other injury or petitioner' s current disabilities , or that petitioner suffered an injury contained in the Vaccine Injury Table.

18. All rights and ob ligations of petitioner hereunder shall apply equally to petitioner' s heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

' Respectfully submitted, PETITIONER: p~:__~ PATRICIA EULGEN ATTORNEY. OFRECORO AUTHORIZED REPRESENTATIVE ·FOR PETITJONER: OFTHEATTORNEY GENERAL: ~<MAfL - C· r{OY)'LQ.f ~~ C,0,voM~ C ~ fule &3 ,I cd(~...,fk~~ 4 ,. ~ RONALD HOMER HEATHER L. PEARL .

Conway Homer PC Deputy Director Shav.;mut Street Torts Branch Boston, MA 02116 Civil Divisio11: (617) q95-1990 • U.S..Department of Justice [email protected] P.O: Box 146 I - I • Benjamin ,Franklin Station Washington, DC -20044-0 I 46

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OR- r THE . SECRETARY OF HEALTH RESPONDENT: .ANDllUMAN SERVICES: jefff . , ~Y' $ • • .. IAJeffrey Digitally signed by S. Beach •S • eac· n'·· -5 /~.Date:2025.12.10 f B • l J5:QJ :45 -os·oo· or APT GEORGE REED GRJMES, MD, MPH irector,>fQivision:of lnjury ' . Trial Attorney ,,,Coi¥pensation Programs Torts Branch ' l{ealtb Sy~tems"Bureau . Civil Division HealtJ,i Reso~rces,a,n~ Services' U.S. Department of Justice _Aq111iµ_i_stratio11 • , P.O. Box 146 ,.._D.ep,artment Qfi~altn Benjamin Franklin Station d liJ\~W,an .Serv icefi • • Washingt_on, DC 70044-0146 ,> <'' A" Lal),e f4W-18 (~02) 305-1159 Naseem,[email protected] .