VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00957
Package ID: USCOURTS-cofc-1_19-vv-00957
Petitioner: Philip Crowley
Filed: 2019-07-02
Decided: 2021-10-06
Vaccine: influenza
Vaccination date: 2016-10-31
Condition: left shoulder injury related to vaccination administration (SIRVA)
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Philip Crowley filed a petition for compensation under the National Vaccine Injury Compensation Program on July 2, 2019. He alleged that he suffered a left shoulder injury related to vaccine administration (SIRVA) causally related to receiving an influenza vaccine on October 31, 2016. The parties, Philip Crowley (Petitioner) and the Secretary of Health and Human Services (Respondent), filed a joint stipulation on August 31, 2021. In the stipulation, the parties agreed that a decision should be entered awarding compensation. Respondent denied that the flu vaccine caused petitioner's alleged injury but agreed to settle the matter. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The decision, dated October 6, 2021, awarded Philip Crowley $105,000.00 as a lump sum payment, representing compensation for all items of damages. This award was a compromise of liability and damages. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP. Respondent was represented by Kyle Edward Pozza 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. Crowley. The theory of causation is based on the influenza vaccine being on the Vaccine Injury Table.

Theory of causation field:
Petitioner Philip Crowley received an influenza vaccine on October 31, 2016, and alleged a left shoulder injury related to vaccine administration (SIRVA). The parties filed a joint stipulation agreeing to a settlement. Respondent denied causation but agreed to the settlement. The influenza vaccine is listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. The award of $105,000.00 represents a compromise of liability and damages. The decision was made by Chief Special Master Brian H. Corcoran on October 6, 2021, based on the joint stipulation filed by Petitioner's counsel Maximillian J. Muller and Respondent's counsel Kyle Edward Pozza.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00957-0
Date issued/filed: 2021-10-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/31/2021) regarding 38 DECISION of Special Master, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00957-UNJ Document 43 Filed 10/06/21 Page 1 of 7
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0957V
UNPUBLISHED
PHILIP CROWLEY, Chief Special Master Corcoran
Petitioner,
v. Filed: August 31, 2021
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu); Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA).
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 2, 2019, Philip Crowley 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”) causally related to his receipt of an influenza (“flu”) vaccine on October 31,
2016. Petition at 1; Stipulation filed August 31, 2021 (ECF No. 37) at ¶¶ 1-4.
On August 31, 2021, the parties filed the attached joint stipulation, which states
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.
1 Because this unpublished opinion 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 opinion 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 1:19-vv-00957-UNJ Document 43 Filed 10/06/21 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
• A lump sum of $105,000.00 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

Case 1:19-vv-00957-UNJ Document 43 Filed 10/06/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PHILIP CROWLEY, ) No. 19-957V
)
Petitioner, ) Chief Special Master Brian H. Corcoran
) ECF
V. )
)
SECRETARY OF HEALT H AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Philip Crowley, petitioner, ftled 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 31, 2016.
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 suffered the 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-00957-UNJ Document 43 Filed 10/06/21 Page 4 of 7
or any other injury, and denies that petitioner sustained a SIRVA 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 shoukl 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 ffied 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 following vaccine compensation payment:
A lump sum of $105,000.00 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-21(a)(l), and an application, the parties will submit to further proceedings
before the chief 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-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.
2

Case 1:19-vv-00957-UNJ Document 43 Filed 10/06/21 Page 5 of 7
11. Payment made pursuant to paragraph 8 ofthis Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will 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-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 flu vaccination administered on October 31, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on or about July 2, 2019, in the
United States Court of Federal Claims as petition No. 19-957V.
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.
3

Case 1:19-vv-00957-UNJ Document 43 Filed 10/06/21 Page 6 of 7
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 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-00957-UNJ Document 43 Filed 10/06/21 Page 7 of 7
AT TORNE\' Of RF.COHO FOi~ Al:THORIZED REPRf.SENT ATIVE
PETITIONER: OF THE ATTOltNEY {;F:NE.RAL:
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Counsd ror Pcttioncr Deputy Director
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Dresher. P; \ 190'.!5 P.O. Dox 1-16
Benjamin Fr:mklin Station
wa~hi1gh)ll. DC ~004-1-0146
AUTHORIZED REPRESENT AT l VE: ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALT H RESPO~DENT:
AND HrMAN SERVICES:
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TAMARA OVERBY KY LE E. POZZA
Acting Director, Oivi."ion of lnjur) T ria I A lll)mC)
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1-leahhcarc Systems Bureau l.:.S. D~partm~nt nf Ju~lil.:~
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;\dministnllion B~nja111i11 Franl-.lin Station
U.S. Department ul' I kalth \\'a~hi11g.h1n. DC 2il(l--1-1-01-16
and I luma11 Service:. Tel: (~02) 616-3(,<,1
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