VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00216
Package ID: USCOURTS-cofc-1_20-vv-00216
Petitioner: Raymond Small
Filed: 2020-02-26
Decided: 2022-11-01
Vaccine: influenza
Vaccination date: 2018-10-01
Condition: left shoulder inflammation, sensitivity to touch, and tenderness
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Raymond Small filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on or about October 1, 2018. He alleged that the flu vaccine caused him to develop left shoulder inflammation, sensitivity to touch, and tenderness, which he claimed were caused in fact by the vaccine and resulted in residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or aggravated the alleged shoulder injury or any other injury, and denied that Mr. Small sustained a shoulder injury related to vaccine administration (SIRVA) as defined in the Vaccine Injury Table. Despite the denial, the parties filed a joint stipulation on November 1, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr. Small was awarded a lump sum of $30,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00216-0
Date issued/filed: 2022-12-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/01/2022) regarding 51 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-00216-UNJ Document 55 Filed 12/02/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0216V
UNPUBLISHED
RAYMOND SMALL, Chief Special Master Corcoran
Petitioner,
v. Filed: November 1, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 26, 2020, Raymond Small 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 received an influenza (“flu”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on or about October 1,
2018. Petitioner alleges that the flu vaccine caused him to develop “left shoulder
inflammation, sensitivity to touch[,] and tenderness,” which he alleges were “caused in
fact” by the flu vaccine. Petitioner further alleges that he suffered the residual effects of
this alleged injury for more than six months.
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-00216-UNJ Document 55 Filed 12/02/22 Page 2 of 7
Respondent denies that the flu vaccine caused or significantly aggravated
petitioner’s alleged shoulder injury or any other injury; denies that Petitioner sustained a
shoulder injury related to vaccine administration (“SIRVA”) as defined in the Table; and
denies that Petitioner’s current condition represents sequelae of a vaccine-related injury.
Nevertheless, on November 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 $30,000.00 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 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

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