M. v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1288V Filed: November 20, 2025 * * * * * * * * * * * * * C.M., * * Petitioner, * * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Catherine Costigan, Esq., Mctlaw, Washington, DC, for petitioner.

Madylan Yarc, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Roth, Special Master: On September 14, 2022, C.M. filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that she developed a shoulder injury related to vaccine administration (“SIRVA”) after receiving a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on October 28, 2020. Stipulation, filed November 20, 2025, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6.

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). In accordance with Vaccine Rule 18(b), petitioner filed a motion to redact her full name to her initials. Petitioner’s motion was granted, and this Decision is issued for public availability with redactions.

The remainder of the Decision is unchanged.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Nevertheless, the parties have agreed to settle the case. On November 20, 2025, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 3 Respondent agrees to issue the following payment: A lump sum of $58,750.00 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 § 300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision. 4 IT IS SO ORDERED.

s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

The stipulation was filed with petitioner’s signature completed via Nintex AssureSign (electronic verification). To avoid the unnecessary disclosure of petitioner’s personal information, the Nintex AssureSign forms have been omitted from this decision.

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.