Chyung v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 25-1870V

ANNABEL CHYUNG, Chief Special Master Corcoran

Petitioner, v. Filed: July 21, 2026 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.

Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On November 3, 2025, Annabel Chyung filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”), alleging that she suffered a left-sided shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3 (“the Table”), as the result of an influenza (“flu”) vaccination she received on September 21, 2024. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 8, 2026, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for a SIRVA corresponding to a listing on the Vaccine Injury Table, see 42 C.F.R. §§ 100.3(a), (c)(10)).

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).

On July 21, 2026, Respondent filed the attached joint stipulation.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 a lump sum of $62,972.80 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.

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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

ANNABEL CHYUNG,

Petitioner, No. 25-l 870V

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

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Annabel Chyung, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -3 4 (the ''V accine Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the .. Table''). 42 C.F.R. § 100.3 (a).

2. Petitioner received a flu vaccine on September 21, 2024. 1 3. The vaccine was administered within the United States.

4. Petitioner sustained a left shoulder injury related to vaccination administration (""S IRVA'") within the time period set forth in the Table following receipt of the flu vaccine, and experienced the residual effects of a SIRVA injury for more than six months.

5. There is not a preponderance of evidence demonstrating th at petitioner' s injury is due to a facto r unrelated to vaccination.

6. 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.

7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Ac t for her SIRVA Table injury. Therefore, 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 deci sion consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue the fo ll owi ng vaccine compensation payment:

A Iump sum payment of $62,972.80 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. T hi s amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a).

9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has fil ed both a proper and timely election to receive compensation pursuant to 42 U.S.C . § 300aa-2 1(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.

I 0. Petiti oner 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-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 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-l 5(i), subject to the availability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys ' 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 construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S .C. § 300aa- l 5(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 Compensation Program, 42 U .S.C. § 300aa-10 et 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 September 21, 2024, 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 abo ut November 3, 2025, in the United States Com1 of Federal Claims as petition No. 25- 1870V; and (b) waives any and all rights to any compensation that may be available under the Co untermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action tmder 42 U.S.C. § 247d-6d(d)) , for a claim alleging that a covered countermeasure, including the COV ID-19 vaccination administered on September 21, 2024, on its own or in combination with the flu vaccination administered on September 2 L 2024, caused or seriously aggravated the inj uries that were the subject of the petition for vaccine compensation filed on or about November 3, 2025, in the United States Court of Federal Claims as petition No. 25- 1870V, including a shoulder injury , for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim cmTently pending with the CICP, petitioner hereby wit hdraws such claim for compensation in the CICP. 2 If no claim for compensation has been fi led in the CICP as of the date this Stipulation is filed, petitioner waives th e ri ght to file a claim as described in thi s 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.

15. If the special master fails 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 conf01mity with the terms of this Stipulation, then the pai1ies ' settlement and thi s 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 othenvise noted in paragraph 9 above. There is absolutely no agreement on the pai1 of the pa11ies 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 pai1ies' 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 caused petitioner' s alleged injury or any other injury or petitioner' s current disabilities; however, petitioner has satisfied the Table criteria to establish entitlement to compensation for a SIRVA Table injury ..

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

END OF ST IP ULA TION

Respectfully submitted, PETITlONER:

ANNABEL CHYUNG ATTORNEYS OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL:

-<1M~~~ DAVID J. CARNEY HEATHER L. PEARLMAN dcarnevt'u}!.!reen legal team.corn Deputy Director MATTHEW B. BERNSTEIN Torts Branch lllatt'ii)gree nle[rnltealll .Com Civil Division Green & Schafle, LLC U.S. Department of Justice 2332 South Broad Street P .O. Box 146 Phil adelphia. PA 19145 Benjamin Franklin Station (2 I 5) 462-3330 Washington , DC 20044-0146 AUTHO RI ZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT:

AND HUMAN SERVICES:

Digitally signed by George R. George R. Grimes-516 Grimes _516 ~:~~~~026.07.1316:2s:42 CA PT GEORGE REED GRIMES , MD, MPH CAMILLE J. WEBSTER Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division 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 20044-0146 5600 Fishers Lane, 14W-18 (202) 307-3241 Ro ckville. MD 20857 Camille.Webster@ usdoj.gov