VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01844
Package ID: USCOURTS-cofc-1_18-vv-01844
Petitioner: James Rivers
Filed: 2018-11-30
Decided: 2020-10-20
Vaccine: Tdap
Vaccination date: 2017-07-13
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
James Rivers filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2018. He alleged that he suffered a right Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a Tdap vaccination he received on July 13, 2017. Mr. Rivers reported experiencing right arm pain within two days after the vaccination, with symptoms lasting more than six months. The respondent denied that the Tdap vaccine caused petitioner's alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on September 16, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Mr. Rivers was awarded a lump sum of $95,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Ronalda Elnetta Kosh of the U.S. Department of Justice.

Theory of causation field:
Petitioner James Rivers alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on July 13, 2017, with symptoms beginning within two days and lasting over six months. Respondent denied the SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran on October 20, 2020. The stipulation resulted in a $95,000.00 lump sum award. The public decision does not detail the specific mechanism of injury, expert testimony, or the specific Table category relied upon, other than the general allegation of SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01844-0
Date issued/filed: 2020-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/16/2020) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01844-UNJ Document 41 Filed 10/20/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1844V
UNPUBLISHED
JAMES RIVERS, Chief Special Master Corcoran
Petitioner, Filed: September 16, 2020
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus
HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On November 30, 2018, James Rivers 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 a Tdap vaccination he received on July 13,
2017. Petition at 1; Stipulation, filed at September 16, 2020, ¶¶ 1, 4. Petitioner further
alleges that he began to feel right arm pain within two days after the vaccination was
administered and that his symptoms lasted more than six months. Petition at 2, 6;
Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury;
denies that the Tdap vaccine caused petitioner’s alleged shoulder injury, or any other
injury; and denies that his current condition is a sequela of a vaccine-related injury. ”
Stipulation at ¶ 6.
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-01844-UNJ Document 41 Filed 10/20/20 Page 2 of 7
Nevertheless, on September 16, 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 $95,000.00 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 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 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

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