Forchheimer v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0823V

CLAIRE FORCHHEIMER, Chief Special Master Corcoran Petitioner, Filed: May 6, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.

Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On May 28, 2024, Claire Forchheimer 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 shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on December 19, 2022. Petition at 1; Stipulation, filed May 5, 2026, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced residual effects of her condition for more than six months, and there has been no prior award of settlement of a civil action for damages on her behalf as a result of her condition. Petition at ¶¶ 2, 23, 26, 27; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu 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.” Stipulation at ¶ 6.

Nevertheless, on May 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 $30,000.00, 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

I~ THE U~ITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPF.CIAL MASTERS

CLAIR£ FORCHHEJMER_, Petitioner, V. No. 24-R23V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SER.VICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: I. Claire Forchheimer ("petitioner") liled a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 t..:.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt or an infl uenza ("llu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received a nu vaccine on December 19, 2022.

3. The flu vaccine was administered within the United States.

4. Petitioner alleges that she sustained a Table shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. Petitioner further alleges that she experienced the residual effects of her condition for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action lor damages on her behalf as a l'esult of her condition.

RSign Envelope 10: ENVTT989245·6980-ACOO•7320·ACFE 04/28/2026 16:37 PM UTC 6. Respondent denies thal petitioner sustained a SIRVA Table injury; denies that the flu 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 nevenheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in pa1·agraph 8 of the Stipulation.

8. As soon as practicable after an entry of judgment renecting a decision consistent with the tenns of the Stipulation, and after petitioner has filed an election to receive compensation punmant to 42 l:.S.C. § 300oa-21(a)(l), the Secretary of'Tlealth and Human Services will issue the following vaccine compensation payment: A lump sum payment of$30,000.00 to be paid through an ACII deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. The amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l S(a).

9. As soon as practicable after the entry of judgment on entitlement in the case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to C.S.C. § 300aa-21(a)(I), and an application, the parties will submit to fi.utherproceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon the petition.

10. Petitioner and her attomey represent that compensation to be provided pursuant to the Stipulation is not for any items or services for which the Program is not primarily liable under 42 t:.S.C. § 300aa-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 t:.S.C. § 1396 et seq.))_, or by entities that provide health services on a pre-paid basis.

RSlgn Envelope 10: ENV77989245-6980·ACDO•7320-ACFE 04/28/2026 16:37 PM UTC . Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of the Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory lunds.

12. The parties and their attorneys li.u1her agree and stipulate that, except for any award for attorneys' fees. and litigation costs, and past unreimbursable expenses, the money provided pursuant to the Stipulation will be used solely for the benefit of petitioner 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-l S(g) and (h).

13. In return ror the payments described in par.,graphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the l.inited States and the Secretary of IIeailh and Human Services from any and all actions, 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 National Vaccine lnjury Compensation Program, 42 C.S.C. § 300aa 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 llu vaccine administered on or about December 19, 2022, as alleged by petitioner in a petition fi.)r vaccine compensation filed on May 28, 2024, in the United States Court of Federal Claims as petition No. 24-R23V.

14. If petitioner should die prior to entry of judgment, the agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties.

15. lrthe special master fails to issue a decision in complete confonnity with the terms of the Stipulation or il'the Court of Federal Claims fails to enter judgment in conf01mity

RSign Envelope ID: ENV77989245-6980-ACDO-7320·ACFE 04128/2026 16:37 PM UTC with a decision that is in complete confonnity with the tenns of the Stipulation, then the parties' settlement and the Stipulation shall be voidable at the sole discretion of either party.

16. The Stipulation expresses a l'u.11 and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties lurther agree and understand that the award described in the Stipulation may rellect a compromise of the parties' respective positions as to liability and/or amount of damage~. and fU11her. that a change in the nature oft.he injury or condition or in the items or compensation sought, is not grounds to modi ly or revise the agreement.

17. Ther Stipulation shall not be construed as an admission by the united States or the Secretary ofllealth and Human Services that the llu vaccine caused petitioner's alleged shoulder injury or any other injury or petitioner's current condition_,or thal petitioner suffered an injury contained in the Vaccine Injury Table.

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

END OF STJPGLATTON

RSign Envelope ID: ENV77989245-6980-ACDD•7320·ACFE 04/2812026 16:37 PM UTC Respectfully submitted, PETITIONER:

CLAIRE FORCHHEIMER ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GE~ERAL:

nti-'r~~~~ ·p, P.C. Deputy Director 6825 Hobson Valley Road, Suite 101 Torts Aranch Woodridge, Illinois 60517 Civil Division Phone: (312) 578-9501 U.S. Department of Justice [email protected] P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

AliTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEAi.TH RESPONDENT: AND HUMAN SERVICES: George R. Grimes Digitally signed byGeorgeR.

Grlmes -S 16 -S 16 Date: 2026.04.20 10:49:S8-04'00' CAPT GEORGE REED GRIMES, MD: MPH TYLE Director, Division orlnjury Trial ey Compensation Programs Torts Rranch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 t:.S. Department of Health Benjamin "Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 14W-18 (202) 305-0730 Rockville~ MD 20857 [email protected]

Da1ed: ~ y

RSign Envelope 10: ENV77989245-6980·ACD0•7320·ACFE 04/28/2026 16:37 PM UTC