VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01666
Package ID: USCOURTS-cofc-1_18-vv-01666
Petitioner: Eric Larson
Filed: 2020-04-01
Decided: 2020-05-01
Vaccine: influenza
Vaccination date: 2016-10-18
Condition: right shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 36380

AI-assisted case summary:
Eric Larson filed a petition for compensation under the National Vaccine Injury Compensation Program on October 29, 2018, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 18, 2016. Petitioner stated the vaccine was administered in the United States, that he experienced symptoms of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages. Respondent denied that petitioner sustained a SIRVA Table injury and denied that the alleged shoulder injury and its residual effects were caused-in-fact by the flu vaccine. Respondent further denied that the flu vaccine caused petitioner any other injury or his current condition. Despite these denials, the parties filed a joint stipulation on March 30, 2020, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr. Larson was awarded a lump sum of $36,380.02, payable to him, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on May 1, 2020. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Gabrielle Manganiello Fielding of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr. Larson.

Theory of causation field:
Petitioner Eric Larson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 18, 2016. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $36,380.02 as a lump sum. The stipulation does not detail the specific mechanism of injury or provide expert opinions. The award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision date was May 1, 2020. Petitioner's counsel was Bridget Candace McCullough, and respondent's counsel was Gabrielle Manganiello Fielding.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01666-0
Date issued/filed: 2020-05-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/01/2020) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01666-UNJ Document 44 Filed 05/01/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1666V
UNPUBLISHED
ERIC LARSON, Chief Special Master Corcoran
Petitioner, Filed: April 1, 2020
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
On October 29, 2018, Eric Larson 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 he suffered a right shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered
to him on October 18, 2016. Petition at 1; Stipulation, filed March 30, 2020, at ¶¶ 1-2, 4.
Petitioner further alleges that the vaccine was administered within the United States;
that he experienced symptoms of the injury for more than six months; and that there has
been no prior award or settlement of a civil action for damages as a result of his alleged
injury. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner
sustained a SIRVA Table injury and denies that petitioner’s alleged shoulder injury and
its residual effects were caused-in-fact by his flu vaccine. Respondent further denies
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:18-vv-01666-UNJ Document 44 Filed 05/01/20 Page 2 of 7
that the flu vaccine caused petitioner any other injury or his current condition.”
Stipulation at ¶ 6.
Nevertheless, on March 30, 2020, 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 $36,380.02 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 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 the 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
3 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.
2

Case 1:18-vv-01666-UNJ Document 44 Filed 05/01/20 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ERIC LARSON, )
)
Petitioner, ) No. 18-1666V ECF
)
V. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
______Re_spo_nde_nt._ ____ )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Eric Larson, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a).
2. On October 18, 2016, petitioner received a flu vaccine in his right arm.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered a shoulder injury related to vaccine administration
("SIRVA"), within the time period set forth in the Table, and that he experienced symptoms of
the injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his alleged injuries.
1

Case 1:18-vv-01666-UNJ Document 44 Filed 05/01/20 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury and denies that
petitioner's alleged shoulder injury and its residual effects were caused-in-fact by his flu vaccine.
Respondent further denies that the flu vaccine caused petitioner any other injury or his current
condition.
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 entry ofj udgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $36,380.02, in the form of a check payable to petitioner. 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 ofj udgment 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. Section 300aa-21(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.
l 0. Petitioner and his 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
2

Case 1:18-vv-01666-UNJ Document 44 Filed 05/01/20 Page 5 of 7
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 of this Stipulation, 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-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators, successors or assigns,
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, 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 Injury Compensation Program, 42
U.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 vaccine administered on October 18, 2016, as alleged by
petitioner in a petition for vaccine compensation filed on or about October 29, 2018, in the
United States Court of Federal Claims as petition No. 18-1666V.
3

Case 1:18-vv-01666-UNJ Document 44 Filed 05/01/20 Page 6 of 7
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 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 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 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 or significantly aggravated
petitioner's alleged injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:18-vv-01666-UNJ Document 44 Filed 05/01/20 Page 7 of 7
Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ En~
OUGH
Muller Br 1, LLP . . Deputy Director
715 Twining Road, Suite 208 Torts Branch
,Dresher, PA 19025 Civil Division
Tel: (215) 855-1655 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPO~DENT: •
AND HUMAN SERVICES: ~ m M ~
try --
[L_ _
TAMARA OVERBY
Acting Director, Division of Injury Assistant Director
Compensation Programs Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
U.S. Department of Health P.O. Box 146
and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, DC 20044-0146
Par.lclawn Building, Mail Stop 08N146B Tel: (202) 616-4359
Rockville, MD 20857 gabrielle.fielding@usdoj.gov
,_,_1_
_(_z_o_-z_c,_;;,
Dated: __ 1
5