VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01465
Package ID: USCOURTS-cofc-1_19-vv-01465
Petitioner: Joseph Crocker
Filed: 2019-09-24
Decided: 2021-10-27
Vaccine: influenza
Vaccination date: 2018-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35550

AI-assisted case summary:
Joseph Crocker filed a petition for vaccine injury compensation on September 24, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 16, 2018. The respondent, the Secretary of Health and Human Services, denied that Mr. Crocker sustained a SIRVA Table injury or that the vaccine caused his condition. Despite these denials, the parties filed a joint stipulation on September 22, 2021, agreeing to settle the case. The stipulation noted that the influenza vaccine is on the Vaccine Injury Table and that Mr. Crocker alleged residual effects from his injury for more than six months. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The decision awarded Joseph Crocker $35,550.00 as compensation for all items of damages, including pain and suffering and past out-of-pocket medical expenses. The parties also agreed to further proceedings to determine reasonable attorneys' fees and costs. The stipulation stated that the payment would be made in a lump sum via check payable to the petitioner. The decision was issued on October 27, 2021. Petitioner's counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA, and respondent's counsel was Adriana Ruth Teitel of the U.S. Department of Justice.

Theory of causation field:
Petitioner Joseph Crocker filed a petition on September 24, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2018. The influenza vaccine is listed on the Vaccine Injury Table. Petitioner alleged residual effects of the SIRVA for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused his condition. The parties reached a joint stipulation on September 22, 2021, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The award was $35,550.00, representing compensation for all damages, including pain and suffering and past out-of-pocket medical expenses. The decision date was October 27, 2021. Petitioner was represented by Anne Carrion Toale, and Respondent was represented by Adriana Ruth Teitel. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, treatments, or the precise mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01465-0
Date issued/filed: 2021-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/22/2021) regarding 39 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01465-UNJ Document 49 Filed 10/27/21 Page 1 of 7
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1465V
UNPUBLISHED
JOSEPH CROCKER, Chief Special Master Corcoran
Petitioner,
v. Filed: September 22, 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).
Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 24, 2019, Joseph Crocker 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) causally related to his receipt of the influenza (“flu”) vaccine on
October 16, 2018. Petition at 1; Stipulation filed September 22, 2021 (ECF No. 38) at ¶¶
1-4.
On September 22, 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01465-UNJ Document 49 Filed 10/27/21 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
• A lump sum of $35,550.00 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.
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Case 1:19-vv-01465-UNJ Document 49 Filed 10/27/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOSEPH CROCKER,
Petitioner,
No. 19-1465V
V. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SER VICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner Joseph Crocker ("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 vaccine is contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received his flu immunization on October 16, 2018.
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 fmth in the Table, that his alleged shoulder condition is
actually caused by the vaccine, and fu1ther alleges that he experienced the residual effects of his
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 condition.

Case 1:19-vv-01465-UNJ Document 49 Filed 10/27/21 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 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-21(a)(I). the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $35,550.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages, including pain
and suffering and past out-of-pocket medical expenses, that would be
available under 42 U.S.C. § 300aa-I 5(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)( I), and an application, the pa11ies will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including 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 ct seq.)), or entities that provide health services on a pre-paid basis.
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Case 1:19-vv-01465-UNJ Document 49 Filed 10/27/21 Page 5 of 7
I I. Payment made pursuant to paragraph 8 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 unreimbursable 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-l 5(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 O 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 16. 2018. as
alleged by petitioner in his petition for vaccine compensation filed on September 24, 2019, m
the United States Cou11 of Federal Claims as petition No. 19-l 465V.
14. If petitioner should die prior to entry of judgment. this agreement shall be voidable
upon proper notice to the Cou1t on behalf of either or both of the parties.
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Case 1:19-vv-01465-UNJ Document 49 Filed 10/27/21 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 paity.
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 vaccination caused petitioner to suffer a
shoulder 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
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Case 1:19-vv-01465-UNJ Document 49 Filed 10/27/21 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETI ONER: OF THE ATTORNEY GENERAL:
¼-
~~ ~~
HEJ\ TI-IER L. PEARLMAN
Maglio. Christopher & Toale. P.A. Deputy Director
1605 Main Street. Suite 710 Torts Branch, Civil Division
Sarasota, FL 34236 U.S. Department of Justice
Tel: (888) 952-5242 P.O. Box 146
Emai I: atoale@mctlaw.com Benjamin Franklin Station
Washington. DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
TAMARA OVERBY ADRIANA TEITEL
Acting Director. Division of Injury Trial Attorney
Compensation Programs Torts Branch. Civil Division
Healthcare 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) 616-3677
5600 Fishers Lane, 08N 146B Email: adriana.teitel c usdoj.gov
(cid:141)
Rockville. MD 20857
Dated: ~ /2,1 )'ZP?! I
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