Sullivan-Davis v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1969V
DEBORAH SULLIVAN-DAVIS, Chief Special Master Corcoran Petitioner, Filed: January 5, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1 On December 2, 2024, Deborah Sullivan-Davis filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), which she amended on January 29, 2025. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on October 18, 2023. Amended Petition at 1; Stipulation, filed January 5, 2026, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she experienced the 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 injuries. Amended Petition at ¶¶ 2, 13-15; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a Table SIRVA, and further denies that the flu vaccine caused petitioner’s alleged right shoulder injury, any other injury, or her current condition.” Stipulation at ¶ 6.
Nevertheless, on January 5, 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 $31,000.00, 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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.