Knight v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 24-1850V SHARON KNIGHT,

Chief Special Master Corcoran Petitioner,

v. Filed: June 25, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

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

Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On November 12, 2024, Sharon Knight 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”), a defined Table Injury, after receiving an influenza (“flu”) vaccine on October 11, 2023. Petition at 1, ¶¶ 2, 27-28, 32; Stipulation, filed June 24, 2026, at ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccine within the United States, continues to suffer the residual effects of the SIRVA more than six months post-vaccination, and that neither she nor any other party has filed a civil action or received compensation for the SIRVA, alleged as vaccine caused. Petition at ¶¶ 2, 27, 29-30; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine or any other vaccine caused or [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 June 24, 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 $45,000.00, 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

SHARON KNIGHT,

Petitioner, No. 24- l 850V

Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

STTPULA TION The parties hereby stipulate to the following matters:

I . Sharon Knight ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa- l Oto 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received a flu vaccine on October 11, 2023. 1 3. The vaccine was administered within the United States.

On October 1 l, 2023, petitioner also received a COVID-19 vaccine and a respiratory syncytial virus ("RSV") vaccine. Vaccines against COVID-19 and RSV arc not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-l 4 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, .including vaccines, may be compensable under the Countermeasures Injury Compensation Program ("CICP''). See 85 Fed. Reg. 15198, 15202 (March 17, 2020).

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4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table fo llowing administration of the vaccine. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than 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 the alleged injury.

6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine or any other vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that petitioner's current condition is a sequcla of a vaccine-re lated injury.

7. Maintaining their above-stated positions, 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 ent1y of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has fi led an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( l ), the Secretary of Health and Human Services will issue the fo llowing vaccine compensation payment:

A lump sum of $45,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner, Sharon Knight.

This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a).

9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before

!Sign Envelope ID: ENV24015404-6525·DCFD-9553-BDBD 06/17/2026 19:38 PM UTC the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.

I 0. Petitioner and petitioner's attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(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 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l5(i), subj ect to the availability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict eonstrnction of 42 U.S.C. § 300aa- 15(a) and (d), and subj ect to the conditions of 42 U. S.C. § 300aa- 15(g) and (h).

13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or assigns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or 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 hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury

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Compensation Program, 42 U.S.C. § 300aa-10 ct seq., (i) 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 that may be alleged to have resulted from, the vaccinations administered on October 11 , 2023, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about November 12, 2024, in the United States Court of Federal Claims as petition No. 24- 1850V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID- 19 vaccination administered on October 11 , 2023 , on its own or in combination with the flu vaccination administered on October 11, 2023, caused the injuries that were the subject of the petition for vaccine compensation filed on or about November 12, 2024, in the United States Court of Federal Claims as petition 24-l 850V, including a SIRVA, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending w ith the CICP, petitioner hereby w ithdraws such claim for compensation in the CICP. 2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is fil ed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP.

14. If 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.

After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of her CICP claim and waiver of any potential compensation under the CICP.

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15. If the special master fai ls to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stipulation expresses a full 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 further agree and understand that the award described in this Stipulation may reflect a compromise of the pariies' 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 Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine or any other vaccine caused petitioner's alleged shoulder injury or any other injury or petitioner's current cond ition, or that petitioner suffered an injury contained in the Vaccine Injury Table.

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

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Respectfully submitted, PETITIONER:

SHARON KNIGHT ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER : OF THE ATTORNEY GENERAL:

, 4,::{tc~l..A/"'\,. HEATHER L. PEARLMAN

Shan on Law , • .C. Deputy D irector 6825 {obson Valley Drive, Suite 10 1 Torts Branch Woodridge, IL 605 17 Civil Division (312) 578-950 I U.S. Department of Justice [email protected] P.O. Box 146

Benjamin Franklin Station Washington, DC 20044-0 146

AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND .H UM AN SERVICES:

Jeffrey s. ~~~~~!'.~ signed by Jeffreys.

Beach _5 ~:~~~~026.06. 1113:17:1s for CAPT GEORGE REED GRIMES, MD, MPH EMILYMANSON Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civi l D ivision Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 146 5600 Fishers Lane, 14W- 18 (202) 430-4802 Rockville, MD 20857 [email protected] Dated: I l

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CERTIFICATE OF SERVICE I certify that today, June 24, 2026, a copy of the foregoing pleading was served by electronic mail to Jonathan Svitak at [email protected]. s/ Emily M. Hanson