Falzon v. Secretary of Health and Human Services
Opinion
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0443V
AMY ROSE FALZON, Chief Special Master Corcoran Petitioner, v. Filed: January 12, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
Bradley S. Freedberg, Bradley S. Freedberg, P.C., Denver, CO, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1 On March 7, 2025, Amy Rose Falzon 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative caused-in-fact injury, after receiving a tetanus vaccine on June 7, 2024. Petition at 1-2; Stipulation, filed Jan.
12, 2026, ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccine within the United States and suffered the residual effects of the SIRVA for more than six months.
Petition at 1-2; Stipulation ¶¶ 3-4. “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 January 12, 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 $50,000.00, 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.