VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01603
Package ID: USCOURTS-cofc-1_19-vv-01603
Petitioner: Anthony Sherwood
Filed: 2019-10-15
Decided: 2022-02-14
Vaccine: influenza
Vaccination date: 2018-10-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75817

AI-assisted case summary:
Anthony Sherwood filed a petition on October 15, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccine received on October 18, 2018, caused a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 11, 2021, conceding that Mr. Sherwood's injury was consistent with SIRVA, that no other cause was identified, and that he met the statutory requirement of having the condition for more than six months. The respondent also agreed that damages should be limited to the SIRVA and resulting sequela. On June 7, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr. Sherwood entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on January 13, 2022, the respondent filed a proffer on the award of compensation. The proffer proposed an award of $75,000.00 for pain and suffering, $800.60 to satisfy a California Medicaid lien, and $16.41 to satisfy a Texas Medicaid lien. The petitioner agreed with the proffered award. On February 14, 2022, Chief Special Master Brian H. Corcoran issued a decision awarding compensation totaling $75,817.01, consisting of a lump sum payment of $75,000.00 to Mr. Sherwood, a lump sum payment of $800.60 payable jointly to Mr. Sherwood and the State of California for the Medicaid lien, and a lump sum payment of $16.41 payable jointly to Mr. Sherwood and TMHP-Medicaid for the Texas Medicaid lien. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner's counsel was David John Carney of Green & Schafle LLC, and respondent's counsel was Martin Conway Galvin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Anthony Sherwood alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on October 18, 2018. The respondent conceded that the injury was consistent with SIRVA, identified no other cause, and acknowledged the petitioner met the statutory requirement of having the condition for more than six months. The case was determined to be a Table Injury. The respondent filed a proffer on award of compensation, which the petitioner agreed to. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 7, 2021, and a decision awarding damages on February 14, 2022. The award totaled $75,817.01, comprising $75,000.00 for pain and suffering, $800.60 for a California Medicaid lien, and $16.41 for a Texas Medicaid lien. Petitioner's counsel was David John Carney, and respondent's counsel was Martin Conway Galvin. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01603-0
Date issued/filed: 2021-07-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/07/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01603-UNJ Document 25 Filed 07/07/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1603V
UNPUBLISHED
ANTHONY SHERWOOD, Chief Special Master Corcoran
Petitioner, Filed: June 7, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 15, 2019, Anthony Sherwood 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) caused by an influenza (flu) vaccination he received on October
18, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 11, 2021, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent concluded that Petitioner’s injury is consistent with SIRVA,
Respondent did not identify any other cause for Petitioner’s SIRVA, and that Petitioner
1 Because this unpublished ruling 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 ruling 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-01603-UNJ Document 25 Filed 07/07/21 Page 2 of 2
meets the statutory requirements by having the condition for more than six months. Id. at
6. Respondent further agrees that the scope of damages to be awarded should be limited
to Petitioner’s SIRVA and resulting sequela. Id. at 7.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01603-1
Date issued/filed: 2022-02-14
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 01/14/2022) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (jas) Service on parties made.
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Case 1:19-vv-01603-UNJ Document 47 Filed 02/14/22 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1603V
UNPUBLISHED
ANTHONY SHERWOOD, Chief Special Master Corcoran
Petitioner, Filed: January 14, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 15, 2019, Anthony Sherwood 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) caused by the influenza (flu) vaccination he received on October
18, 2018. Petition at ¶¶ 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 7, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On January 13, 2022, Respondent filed a proffer on award of
compensation (Proffer) indicating Petitioner should be awarded $75,000.00 for pain and
suffering, $800.60 to satisfy the State of California Medicaid lien, and $16.41 to satisfy
the State of Texas Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented
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-01603-UNJ Document 47 Filed 02/14/22 Page 2 of 6
that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find
that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following compensation:
1. A lump sum payment of $75,000.00, in the form of a check payable to
Petitioner, Anthony Sherwood.
2. A lump sum payment of $800.60, representing compensation for
satisfaction of a Medicaid lien, payable jointly to Petitioner and the State of
California, Department of Health Care Services, and mailed to:
Department of Health Care Services
Recovery Branch - MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
DHCS account number C94569242D-VAC02
3. A lump sum payment of $16.41, representing compensation for
satisfaction of a Medicaid lien, payable jointly to Petitioner and TMHP-
Medicaid, and mailed to:
TMHP TPL-Tort Department
Attn: Tort Receivables
PO Box 202948
Austin, TX 78720-2948
This amount represents compensation for all damages that would be available
under Section 15(a).
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-01603-UNJ Document 47 Filed 02/14/22 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANTHONY SHERWOOD, )
)
Petitioner, )
) No. 19-1603
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 15, 2019, Anthony Sherwood (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table, following the administration
of an influenza vaccine on October 18, 2018. Petition at 1-2. On May 11, 2021, the Secretary of
Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is
appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on June
7, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 22; ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-01603-UNJ Document 47 Filed 02/14/22 Page 4 of 6
B. Medicaid Lien- State of California
Respondent proffers that petitioner should be awarded funds to satisfy the State of
California Medicaid lien in the amount of $800.60, which represents full satisfaction of any right
of subrogation, assignment, claim, lien, or cause of action the State of California may have
against any individual as a result of any Medicaid payments the State of California has made to
or on behalf of petitioner from the date of his eligibiliyt for benefits through the date of judgment
in this case as a result of his alleged vaccine-related injury suffered on or about October 18, 2018
under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
C. Medicaid Lien- State of Texas
Respondent proffers that petitioner should be awarded funds to satisfy the State of Texas
Medicaid lien in the amount of $16.41, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Texas may have against any
individual as a result of any Medicaid payments the State of Texash as made to or on behalf of
petitioner from the date of his eligibility for benefits through the date of judgment in this case as
a result of his alleged vaccine-related injury suffered on or about October 18, 2018 under Title
XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
three lump sum payments described below, and request that the Chief Special Master’s decision
2

Case 1:19-vv-01603-UNJ Document 47 Filed 02/14/22 Page 5 of 6
and the Court’s judgment award the following: 1
A. A lump sum payment of $75,000.00 in the form of a check payable to petitioner;
B. A lump sum payment of $800.60, representing compensation for satisfaction of the
State of California Medicaid lien, in the form of a check payable jointly to petitioner
and:
Department of Health Care Services
Recovery Branch - MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
DHCS account number C94569242D-VAC02
Petitioner agrees to endorse the check to the Department of Health Care Services, State of
California, for satisfaction of the California Medicaid lien; and
C. A lump sum payment of $16.41, representing compensation for satisfaction of the
State of Texas Medicaid lien, in the form of a check payable jointly to petitioner and:
TMHP TPL-Tort Department
Attn: Tort Receivables PO Box 202948
Austin, TX 78720-2948
Petitioner agrees to endorse the check to TMHP-Medicaid for satisfaction of the Texas
Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical expenses, future
pain and suffering, and future lost wages.
3

Case 1:19-vv-01603-UNJ Document 47 Filed 02/14/22 Page 6 of 6
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Martin C. Galvin
MARTIN C. GALVIN
Trial Attorney, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3071
Martin.Galvin@usdoj.gov
Dated: January 13, 2022
4