Yamanaka v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 23-1162V KANAKO YAMANAKA, Chief Special Master Corcoran

Petitioner, Filed: June 23, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

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

Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On July 26, 2023, Kanako Yamanaka 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 from a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccine administered on October 22, 2021. Petition at 1; Stipulation, filed at June 17, 2026, ¶¶ 1, 2, 4. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 7; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. Stipulation at ¶ 6.

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), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Nevertheless, on June 17, 2026, the parties filed the attached joint stipulation stating that a decision should be entered awarding compensation. 3 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 $5,000.00, 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. 4

IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

3 The RSign signature page located at page 7 is omitted from the attached copy of the stipulation. 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

I~ THE U:\ITED ST ATES COlJRT OJ◄ FEDERAL CLAl\1S OF.FICE OF SPECIAL MASTERS

KANAKO YAMANAKA,

Petitioner, V. No. 23-1 I 62V (ECT)

Chief Special Master Corcoran SECRETARY OF HEAL TH AND HUMAN SERVICES,

Respondent.

STIPCLATION The parties hereby stipulate to the following matters:

1. Kanako Yamanaka, petitioner, Ii led a petition for vaccine compensation under the National Vaccine lnjury Compensation Program , 42 U.S.C. §§ 300aa- l 0 et seq. (the "Vaccine Program''). The petition seeks compensation for inju1ies allegedly related to petitioner's receipt of the influenza ("llu") vaccine, which vaccine is contained in the Vaccine Injury Table (Lhe ''Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received a flu vaccine on October 22, 2021. 1 3. The vaccination was administered within the Cnited States.

4. Petitioner alleges th at petitioner sustained a shoulder injury related to vaccine administrntion ("SIRVA") as set forth in the Table. Petitioner farther alleges that petitioner 1On November 7, 202 1, petitioner also received a COVm-19 vaccine. Vaccines against COVID-19 arc not contained in the Vaccine lnjury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secreta1y of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 C.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countetmeasures, including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed. Reg. 15198, 15202(\llarch 17,2020).

RSign Envelope ID: ENV66315842-2941-FFCD-4159-EACC 06/09/2026 21 :28 PM UTC experienced the residual effects of this condition ror more tl1an six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result. of petitioner's condition.

6. Respondent denies that petitioner sustained a srRV A Table injury; denies that the vaccine caused petitioner' s all eged 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 posi lions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation .

8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipul ation, and aner petitioner has filed an election to receive compensation pursuant to 42 C .S.C. § 300aa-21 (a)( I). the Secretary of Health and Human Services will issue the following vaccine compensation payment:

A lump sum of' $5,000.00, to be paid through an ACI I deposit to petitioner' s counsel' s 101,T A account ror prompt disbursement to petitioner.

This amount represents compensation for all damages Lhat wou ld be available under 42 C.S.C. § 300aa- 15(a).

9. As soon as practicable after the entry ol'juclgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 C.S.C. § 300aa-2 l (a)(l ), and an application, the parties will submit to futiher proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.

10. Petitioner and petihoner's attorney represent that compensation to be provided pursuant to this Stipulation is not ror any ii ems or services fc)r vvh.ich the Program is not

RSign Envelope ID : ENV66315842-2941-FFCD-4159-EACC 06/09/2026 21 :28 PM UTC primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under a11y State compensation programs , in surance policies, Federal or State health benefits programs (0U1er than Title XIX of the Social Security Act (42 C .S.C. § 1396 et seq.)), orby entities that provide health services on a pre-paid basis.

11 . Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 t;.s.c. § 300aa- 15(i), subject to the availability of sufficient statutory f-tmds.

12. The parties and their attorneys li.ir1.l1er agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for petitioner 's benefit as contemplated by a strict construction or 42 U.S.C. ~§ :rnoaa-15(a) and (d), and subject to the conditions of' 42 U.S.C. §§ 300aa-15(g) and (h).

13. In reh1rn for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacily, and on behalf of petitioner's heirs, executors, administrators, successors or assigns, (a) does forever in-evocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes or· action (including agreements, judgments, clairns 1 damages, loss or services, expenses, and all demands of whatever kind or nature) that have been brought, could ha ve been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine lnjmy Compensation Program, 42 U.S.C. ~ 300aa-10 et seq., (i) on account of, or in any way growing out or: any and all known or unknO\vn, suspected or unsuspected personal injuries to or death or petitioner resulting from, or that may be alleged to have resulted from, the vaccinations administered on October 22, 2021 and November 7, 2021, and (ii) that petitioner has had, now

RSign Envelope ID : ENV66315842-2941-FFCD-4159-EACC 06/09/2026 21:28 PM UTC has, or hereafter may have with respect to the injury lhat gave 1ise to the petition for vaccine compensation filed on or about July 26, 2023, in the t :nited States Court or Federal Claims as petition No. 23-1162V; and (b) waives a11y and all rights to any compensation that may be available under the Countenneasures Injury Compensation Program (ClCP), 42 t:.S .C. § 247d- 6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countennea,;ure, including the COVID-19 vaccination administered on November 7, 2021, on its own or in combination vvith the flu vaccination administered on October 22, 2021 , caused or seriously aggravated the injuries that were the subject oflhe petition ror vaccine compensation filed on or about July 26, 2023, in the United States Court of Federal Claims as petition No. 23- 1162V, including a shoulder injury, for which petitioner will receive compensation pursuant to this Stipulation. ff petitioner has such a claim currently pending with the CTCP, petitioner hereby withdraws such claim for compensation in the CICP. 2 lf no claim for compensation has been filed in the CTCP as of the date this Stipulation is filed , petitioner waives the right to file a claim as described in this paragraph for compensation in the CTCP.

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

15. If the special master fails to issue a decision in complete confom1ity with tht: terms of this Stipulation or i r the Court of Federal Claims fai Is to enter judgment in con forn1ity with a decision that is in complete confomrily with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. After entry of judgment re11ecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CTCP as evidence of peti lioner's withdrawal of their CTCP claim and waiver of any potential compensation under the CJCP.

RSign Envelope ID : ENV66315842-2941-FFCD-41 59-EACC 06/09/2026 21:28 PM UTC

16. This Stipulation expresses a full und complete negotiated settlement of'liability c1nd damages claimed under the National Chi Id hood Vaccine lnjury Act or 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the pa1iies hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties rurther agree and understand that the award desc1ibed in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement.

17. This Stipu lation sha ll not be construed as ,m admission by the United States or the Secretary of Health and Human Service that the flu vaccine caused petitioner's alleged injury or imy other injury or petilioner's current disabilities, or that petitioner suffered rn1 injury contained in the Vaccine Injury Table.

18. All tights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, andior assigns.

END OF STIPULATION RSign Envelope ID: ENV66315842-2941-FFCD-4159-EACC 06/09/2026 21:28 PM UTC

Respectfully submitted, PETITIOJ\ER: tOJt..a.h yanuvtm KA1'AKO YAMANAKA ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETTTlONER: OF THE ATTOR~EY GE~ERAL: m:-,~n .

Shannon Law Group, P.C.

~ ~-~~~

Ifi.:ATrTER i ~'JSEA R LM AN Deputy Director

6825 Hobson Valley Drive, Suite 101 Torts Branch Woodridge, IL 60517 Civil Division (312) 578-9501 U.S. Department of Justice j svi [email protected] P.O. Box 146

Renjamin Frank lin Station Washington, DC 20044-0146

A UTI-IORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT:

Al\D HUMAN SERVICES:

Jeffreys. Digitally signed by

Jeffrey 5. Beach -5 Date: 2026.06.03 for

Beac h -S 15:1s:3s-04•00· CAPT GEORGE REED GRI1\11ES, MD, MPH Director, Division of lr~jury Compensation Programs Health Systems Bureau Civil Division Health Resources and Services U.S . Depattment of Justice Administration P.O . Box 146 L .S. Depaiiment of Health Benjamin Franklin Station and Hwnan Services Washington., DC 20044-0146 5600 Fishers Lane, 14 W-18 (202) 105-1 159 Rockville, MD 20857 Naseem.Kourosh@;.usdoj .gov Dated: _kj_j7f ~

RSign Envelope ID: ENV66315842-2941-FFCD-4159-EACC 06/09/2026 21:28 PM UTC