VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01513
Package ID: USCOURTS-cofc-1_17-vv-01513
Petitioner: Rafael D. Leal
Filed: 2017-10-13
Decided: 2020-01-10
Vaccine: influenza
Vaccination date: 2016-02-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Rafael D. Leal filed a petition for compensation on October 13, 2017, alleging he developed shoulder injuries related to vaccine administration (SIRVA) in both arms after receiving an influenza vaccine in his left arm and a Tdap vaccine in his right arm on February 29, 2016. He claimed the residual effects of his injury lasted more than six months. On November 1, 2019, the parties filed a joint stipulation to dismiss the action. Mr. Leal had informed his counsel that he wished to withdraw from the National Vaccine Injury Compensation Program and did not want to pursue a separate legal action. Consequently, the case was dismissed without prejudice pursuant to Vaccine Rule 21(a), and no judgment was to be entered. The decision date was January 10, 2020.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01513-0
Date issued/filed: 2020-01-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/19/2019) regarding 47 Order Concluding Proceedings, Signed by Special Master Herbrina Sanders. (Attachments: # (1) Appendix A)(sg) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01513-UNJ Document 51 Filed 01/10/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 19, 2019
* * * * * * * * * * * * * * *
RAFAEL D. LEAL, * No. 17-1513V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Stipulation; Dismissal; Influenza (“Flu”)
AND HUMAN SERVICES, * Vaccine; Tetanus, Diphtheria, and
* Pertussis (“Tdap”) Vaccine; SIRVA
Respondent. *
* * * * * * * * * * * * * * *
ORDER CONCLUDING PROCEEDINGS1
On October 13, 2017, Rafael D. Leal (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner received a flu vaccination in his left arm and a Tdap vaccination in his right
arm on February 29, 2016. Pet’r’s Ex. 4 at 4, ECF No. 22. Petitioner alleged that he developed a
shoulder injury related to vaccine administration (“SIRVA”) in his left arm caused by the flu
vaccine and in his right arm caused by the Tdap vaccine. See Pet. at 1, ECF No. 1. Petitioner
further alleged that he experienced the residual effects of his injury for more than six months. Id.
On November 1, 2019, the parties filed a joint stipulation in which they state that this action
should be dismissed. Stip. at 2. Prior to filing the stipulation, Petitioner notified his counsel that
he wished to withdraw from the Program and that he does not wish to pursue a separate legal
action. Id. The parties then agreed to dismiss this action pursuant to Vaccine Rule 21(a). Id.
Accordingly, pursuant to Vaccine Rule 21(a) the above-captioned case is hereby dismissed
1 This decision shall be posted on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913
(codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be
available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party
has 14 days within which to request redaction “of any information furnished by that party: (1) that
is a trade secret or commercial or financial in substance and is privileged or confidential; or (2)
that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-01513-UNJ Document 51 Filed 01/10/20 Page 2 of 2
without prejudice. The Clerk of Court is hereby instructed that a judgment shall not enter in the
instant case pursuant to Vaccine Rule 21(a).
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-01513-1
Date issued/filed: 2020-01-10
Pages: 3
Docket text: made.**RE-DOCKETED 51 TO CORRECT FILING ERROR**PUBLIC ORDER/RULING (Originally filed: 11/19/2019) regarding 47 Order Concluding Proceedings, Signed by Special Master Herbrina Sanders. (fm) Service on parties
--------------------------------------------------------------------------------
Case 1:17-vv-01513-UNJ Document 52 Filed 01/10/20 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 19, 2019
* * * * * * * * * * * * * * *
RAFAEL D. LEAL, * No. 17-1513V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Stipulation; Dismissal; Influenza (“Flu”)
AND HUMAN SERVICES, * Vaccine; Tetanus, Diphtheria, and
* Pertussis (“Tdap”) Vaccine; SIRVA
Respondent. *
* * * * * * * * * * * * * * *
ORDER CONCLUDING PROCEEDINGS1
On October 13, 2017, Rafael D. Leal (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner received a flu vaccination in his left arm and a Tdap vaccination in his right
arm on February 29, 2016. Pet’r’s Ex. 4 at 4, ECF No. 22. Petitioner alleged that he developed a
shoulder injury related to vaccine administration (“SIRVA”) in his left arm caused by the flu
vaccine and in his right arm caused by the Tdap vaccine. See Pet. at 1, ECF No. 1. Petitioner
further alleged that he experienced the residual effects of his injury for more than six months. Id.
On November 1, 2019, the parties filed a joint stipulation in which they state that this action
should be dismissed. Stip. at 2. Prior to filing the stipulation, Petitioner notified his counsel that
he wished to withdraw from the Program and that he does not wish to pursue a separate legal
action. Id. The parties then agreed to dismiss this action pursuant to Vaccine Rule 21(a). Id.
Accordingly, pursuant to Vaccine Rule 21(a) the above-captioned case is hereby dismissed
1 This decision shall be posted on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913
(codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be
available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party
has 14 days within which to request redaction “of any information furnished by that party: (1) that
is a trade secret or commercial or financial in substance and is privileged or confidential; or (2)
that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-01513-UNJ Document 52 Filed 01/10/20 Page 2 of 3
without prejudice. The Clerk of Court is hereby instructed that a judgment shall not enter in the
instant case pursuant to Vaccine Rule 21(a).
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2

Case 1:17-vv-01513-UNJ Document 52 Filed 01/10/20 Page 3 of 3
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RAFAEL D. LEAL, )
)
)
Petitioner, )
)
) No. 1:17-vv- 01513-UNJ
) Special Master Herbrina Sanders
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
JOINT STIPULATION OF DISMISSAL
It is hereby stipulated by and between the parties, the following matters:
1. On October 13, 2017, Petitioner filed a Petition for Vaccine Compensation.
2. Petitioner notified his counsel that he wished to withdraw from the Program and
confirmed that he does not wish to pursue a separate legal action.
3. The parties hereby stipulate pursuant to Vaccine Rule 21(a) that this action shall
be dismissed.
Respectfully submitted, this 1st day of November, 2019.
/s/Nancy R. Meyers /s/ Christine Mary Becer
Nancy R. Meyers Christine Mary Becer
Attorney for Petitioner Trial Attorney
Ward Black Law Torts Branch, Civil Division
208 West Wendover Avenue U.S. Department of Justice
Greensboro, NC 27401 P.O. Box 146
Telephone: 336-333-2244 Benjamin Franklin Station
nmeyers@wardblacklaw.com Washington, D.C. 20044-0146
Telephone: 202-616-3665
christine.m.becer@usdoj.gov