VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00849
Package ID: USCOURTS-cofc-1_19-vv-00849
Petitioner: Bruce Yoch
Filed: 2019-06-10
Decided: 2021-12-17
Vaccine: influenza
Vaccination date: 2017-10-04
Condition: left shoulder injury related to vaccination administration (SIRVA)
Outcome: compensated
Award amount USD: 40750

AI-assisted case summary:
Bruce Yoch filed a petition for compensation under the National Vaccine Injury Compensation Program on June 10, 2019, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 4, 2017. He further alleged that the vaccination was administered in the United States and that he experienced residual effects of the injury for more than six months. Mr. Yoch also stated that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Yoch's alleged left shoulder injury or any other injury, and denied that he sustained a SIRVA Table injury. Despite these positions, the parties filed a joint stipulation on November 15, 2021, 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. Yoch was awarded a lump sum of $40,750.00, payable to him by check. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The decision was issued on December 17, 2021. Petitioner was represented by Jeffrey A. Golvash of GOLVASH & EPSTEIN, LLC, and respondent was represented by Alexis B. Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner Bruce Yoch filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 4, 2017. The respondent denied causation and that the injury was a SIRVA Table injury. The parties reached a joint stipulation for settlement. The case proceeded as a Table claim for SIRVA. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $40,750.00. The decision date was December 17, 2021. Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Alexis B. Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00849-0
Date issued/filed: 2021-12-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/16/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00849-UNJ Document 40 Filed 12/17/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-849V
UNPUBLISHED
BRUCE YOCH, Chief Special Master Corcoran
Petitioner, Filed: November 16, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Jeffrey A. Golvash, GOLVASH & EPSTEIN, LLC, Pittsburgh, PA, for Petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 10, 2019, Bruce Yoch 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 shoulder injury related to vaccine administration
(SIRVA) in connection with the influenza (flu) vaccine he received on October 4, 2017.
Petition at 1; Stipulation, filed at November 15, 2021, ¶¶ 1-2. Petitioner further alleges
that the vaccination was administered within the United States, he experienced the
residual effects of the alleged injury for more than six months, and that there has been no
prior award or settlement of a civil action for damages on his behalf as a result of his
condition. Petition at ¶¶ 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that the flu
vaccine caused [P]etitioner to suffer a left shoulder injury or any other injury, and denies
that [P]etitioner sustained a SIRVA Table 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00849-UNJ Document 40 Filed 12/17/21 Page 2 of 7
Nevertheless, on November 15, 2021, 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 $40,750.00 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

Case 1:19-vv-00849-UNJ Document 40 Filed 12/17/21 Page 3 of 7
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BRUCEYOCH, )
)
Petitioner, )
) No. 19-849V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Bruce Yoch ("petitioner") 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 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 the flu vaccine on October 4, 2017.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered from a left shoulder injury related to vaccination
administration ("SIRVA") as a result of receiving the flu vaccine, and further alleges that he
experienced residual effects of this 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 his behalf as a result of his condition.
6. Respondent denies that the flu vaccine caused petitioner to suffer a left shoulder injury

Case 1:19-vv-00849-UNJ Document 40 Filed 12/17/21 Page 4 of 7
or any other injury, and denies that petitioner sustained a SffiV A Table 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 entry of judgment 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-2 l ( a)( l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $40,750.00 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 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-2 l(a)(1 ), 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.
10. 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
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.
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Case 1:19-vv-00849-UNJ Document 40 Filed 12/17/21 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation wilt be made in accordance with 42 U.S.C. § 300aa-
15(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 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 could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l Oe t 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 flu vaccination administered on October 4, 2017, as
alleged by petitioner in a petition for vaccine compensation filed on or about June 10, 2019, in
the United States Court of Federal Claims as petition No. 19-849V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:19-vv-00849-UNJ Document 40 Filed 12/17/21 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns
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 petitioner to have a left
shoulder injury, or any other injury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-00849-UNJ Document 40 Filed 12/17/21 Page 7 of 7
Respectfully submitted,
PETITIONER:
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
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Y .GOLVASH HEATHER L. PEARLMAN
olvas Epstein, LLC Deputy Director
9 De 1t A venue Torts Branch
Pittsburgh, PA 15227 Civil Division
Tel: (412) 882-4717 U.S. Department of Justice
Email: jgolvash@golvashepstein.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE AT TORNEV OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
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t>ate l>. Mfshter, t>t-tSc, MS, Al"RN, for
LAURIE WIESNER
TAMARA OVERBY Trial Attorney
Acting Director, Division of Injury Torts Branch
Compensation Programs Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 305-0253
5600 Fishers Lane, 08Nl468 Emai I: laurie. wiesner@usdoj.gov
Rockville, MD 20857
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Dated: II Jt
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