VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00173
Package ID: USCOURTS-cofc-1_20-vv-00173
Petitioner: Jeffrey Horning
Filed: 2020-02-20
Decided: 2022-03-04
Vaccine: Tdap
Vaccination date: 2017-06-27
Condition: left shoulder injury related to vaccine administration ("SIRVA") and "brain fog"
Outcome: compensated
Award amount USD: 17500

AI-assisted case summary:
Jeffrey Horning filed a petition for compensation under the National Vaccine Injury Compensation Program on February 20, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) and brain fog caused by a Tdap vaccine administered on June 27, 2017. The petition stated the vaccine was administered in the United States, the injury had residual effects for over six months, and there was no prior award or settlement. Respondent denied that the Tdap vaccine caused the alleged injuries, including SIRVA, which is a Table injury. The parties filed a joint stipulation on February 1, 2022, agreeing to settle the case. Pursuant to the stipulation, Chief Special Master Brian H. Corcoran awarded Jeffrey Horning $15,000.00 as a lump sum payment and $2,500.00 to reimburse a Medicaid lien. This compensation covers all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Alexis B. Babcock of the U.S. Department of Justice. The decision was issued on March 4, 2022.

Theory of causation field:
Petitioner Jeffrey Horning alleged that a Tdap vaccine administered on June 27, 2017, caused a left shoulder injury related to vaccine administration (SIRVA) and brain fog. SIRVA is a Table injury. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The stipulation does not detail the specific medical mechanism or expert testimony presented. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The award consists of a $15,000.00 lump sum payment to the petitioner and $2,500.00 to reimburse a Medicaid lien. Petitioner was represented by Leah VaSahnja Durant and Respondent by Alexis B. Babcock. The decision was issued on March 4, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00173-0
Date issued/filed: 2022-03-04
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/02/2022) regarding 37 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00173-UNJ Document 41 Filed 03/04/22 Page 1 of 8
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-173V
UNPUBLISHED
JEFFREY HORNING, Chief Special Master Corcoran
Petitioner, Filed: February 2, 2022
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 20, 2020, Jeffrey Horning 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 a tetanus, diphtheria, acellular pertussis (“Tdap”)
vaccine administered on June 27, 2017. Petition at 1; Stipulation, filed at February 1,
2022, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the
United States, that he suffered the residual effects of his 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 3-4; Stipulation at ¶¶ 3-5. Respondent denies
that the Tdap vaccine caused Petitioner to suffer a left shoulder injury, brain fog, or any
other injury, and denies that Petitioner 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 1:20-vv-00173-UNJ Document 41 Filed 03/04/22 Page 2 of 8
Nevertheless, on February 1, 2022, 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 $15,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8.
• A lump sum of $2,500.003 representing reimbursement of a Medicaid
lien for services rendered to petitioner by the Commonwealth of
Pennsylvania, in the form of a check payable jointly to petitioner and the
Pennsylvania Department of Human Services and mailed to:
Pennsylvania Department of Human Services
Attn: Kyle Petris
Bureau of Program Integrity
Division of Third Party Liability, Recovery Section
P.O. Box 5486
Harrisburg, PA 17105-8486
Case# 340388579
Petitioner agrees to endorse this check to the Department of Human Services. Stipulation
at ¶ 8. These amounts represents compensation for all 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 Court is directed to
enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the Commonwealth of Pennsylvania may have against any individual as a result
of any Medicaid payments the Pennsylvania Program has made to or on behalf of Jeffry Homing
as a result of his alleged vaccine-related injury suffered on or about June 27, 2017, under Title
XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
4 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 1:20-vv-00173-UNJ Document 41 Filed 03/04/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEFFREY HORNING,
Petitioner,
V. No. 20-173V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Jeffrey Homing, 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 the tetanus, diphtheria, acellular pertussis ("Tdap'') vaccine, which is a vaccine contained in
the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a Tdap vaccine on or about June 2 7, 2017.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he sustained a left shoulder injury related to vaccination
administration ("SIRVA") and "brain fog" following receipt of the Tdap vaccine, within the
Table time period, 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.

Case 1:20-vv-00173-UNJ Document 41 Filed 03/04/22 Page 4 of 8
6. Respondent denies that the Tdap vaccine caused petitioner to suffer a left shoulder
injury, brain fog, 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 should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment 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)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $15,000.00 in the form of a check payable to petitioner;
and
b. A lump sum of $2,500.001 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the Commonwealth of Pennsylvania, in the
form of a check payable jointly to petitioner and the Pennsylvania Department of
Human Services and mailed to:
Pennsylvania Department of Human Services
Attn: Kyle Petris
Bureau of Program Integrity
Division of Third Party Liability, Recovery Section
P.O. Box 5486
Harrisburg, PA 17105-8486
Case# 340388579
Petitioner agrees to endorse this check to the Department of Human Services.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the Commonwealth of Pennsylvania may have against any individual as a result
of any Medicaid payments the Pennsylvania Program has made to or on behalf of Jeffry Homing
as a result of his alleged vaccine-related injury suffered on or about June 27, 2017, under Title
XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:20-vv-00173-UNJ Document 41 Filed 03/04/22 Page 5 of 8
9. As soon as practicable after the entry ofj udgment 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.
11. Payment made pursuant to paragraph 8 of this 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
3

Case 1:20-vv-00173-UNJ Document 41 Filed 03/04/22 Page 6 of 8
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 0 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 Tdap vaccination administered on June 27, 2017, as
alleged by petitioner in a petition for vaccine compensation filed on or about February 20, 2020,
in the United States Court of Federal Claims as petition No. 20-173V.
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.
15. If the Chief 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.
4

Case 1:20-vv-00173-UNJ Document 41 Filed 03/04/22 Page 7 of 8
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner to have a left
shoulder injury, brain fog, 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 1:20-vv-00173-UNJ Document 41 Filed 03/04/22 Page 8 of 8
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
~ ~
' A L ~-
AHV.DU HEA THER L. PEARLMAN
Principal Attorney Deputy Director
Law Offices of Leah V. Durant, PLLC Torts Branch
1717 K Street NW, Suite 900 Civil Division
Washington, DC 20006 U.S.DepartmentofJustice
Tel: (202) 775-9200 P.O. Box 146
Fax: (202) 652-1178 Benjamin Franklin Station
Email: ldurant@durantllc.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
M-2
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MPk
CDR GEORGE REED GRIMES, MD, ALEXIS B. BABCOCK ----
Director, Division of Injury Assistant Director
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N146B Tel: (202) 616-7678
Rockville, MD 20857 Email: alexis.babcock@usdoj.gov
al
Dated:
6