United States Court of Federal Claims, 2026

Rogers v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided March 25, 2026 · Christian J. Moran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS *************************

BRENDA ROGERS, * as administrator of the estate of *

Lucille Abshire, deceased, * * No. 22-1659V *

Petitioner, * * Special Master Christian J. Moran v. * * Filed: March 3, 2026 SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * *************************

Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner; Mark Kim Hellie, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On February 17, 2026, the parties filed a joint stipulation concerning the petition for compensation filed originally by Lucille Abshire on November 8, 2022. Ms. Abshire alleged that the influenza (“flu”) vaccine she received on October 9, 2020, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer a shoulder injury related to vaccine administration (“SIRVA”), or was the cause-in-fact of her right shoulder injury. Petitioner represents that there has been no prior award or settlement of a civil action for damages on Ms. Abshire’s behalf as a result of her condition.

Respondent denies that Ms. Abshire sustained a Table SIRVA injury, and further denies that the flu vaccine caused Ms. Abshire's alleged right shoulder injury or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum of $20,000.00 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-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master

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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.