VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00663
Package ID: USCOURTS-cofc-1_20-vv-00663
Petitioner: David Hall
Filed: 2022-01-18
Decided: 2022-02-17
Vaccine: pneumococcal conjugate
Vaccination date: 2017-05-31
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 29000

AI-assisted case summary:
David Hall filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) from a pneumococcal conjugate (Prevnar-13) vaccine he received on May 31, 2017. He stated the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition. Respondent denied that Mr. Hall sustained a SIRVA Table injury, denied that the vaccine caused his injury, and denied that his condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation, awarding Mr. Hall a lump sum of $29,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00663-0
Date issued/filed: 2022-02-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/18/2022) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00663-UNJ Document 43 Filed 02/17/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0663V
UNPUBLISHED
DAVID HALL, Chief Special Master Corcoran
Petitioner, Filed: January 18, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 1, 2020, David Hall 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of a pneumococcal conjugate (“Prevnar-13”) vaccine
received on May 31, 2017. Petition at 1; Stipulation, filed January 18, 2022, at ¶¶ 2-4.
Petitioner further alleges the vaccine was administered in the United States, he
experienced residual effects of his condition for more than six months, and there has been
no prior award or settlement of a civil action for damages as a result of his condition.
Petition at ¶¶ 1, 18-19; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained
a SIRVA Table injury; denies that the Prevnar-13 vaccine caused petitioner’s alleged
shoulder injury, any other injury; and denies that his current condition is a sequelae of a
vaccine-related 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-00663-UNJ Document 43 Filed 02/17/22 Page 2 of 7
Nevertheless, on January 18, 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 $29,000.00 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

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1N THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAVID HALL, )
)
Petitioner, )
)
v. ) No. 2o-663V
) Chief Special Muter Corcoran
SECRETARY OF )
HEALnI AND HUMAN SERVICES. )
)
Respondent )
STIPULATION
The parties b.ereby stipulate to the following matters:
1. David Hall ("'petitioner") filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vac;;cine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
pneumococcal conjugate ("Prevnar-13") vaccination. which is a vaccine contain~ in the
Vaccine lnjury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a Prevnar• 13 vaccine on or about May 3J , 2017.
3. The vaccine wu administen,ci within the United States.
4. Petitioner alleses that he sustained a moulder injury rotated to vaccine administration
(C.SlRV A") within the time period set forth in the Table following administration of the PreVDal'-
13 vaccine, or in the alternative, that his alleged shoulder injury was caused-in--fact by the
vaccine. He further alleges that he experienced the residual effects oft his condition for more
than six months.
5. l>etitioncr represents that there bu been no prior award or settlement of a civil action
for damages as a. result of his condition.

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6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Prevuar-13 vaccine oauscd petitionerts alleged shoulder b:tjury, any other injury; and denies that
bis current condition is a sequelae of a vaccine--rclated injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a declaion should be entered awarding the
compensation descn'bed in ~aph 8 oft his Stipulation.
8. AB soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms oft his Stipulation. and after petitioner bas tiled an election to ~eive coD'lpensation
pursuant to 42 U.S.C. § 300u.-21(a)(l), the Secretary of Health and Human Service& will issue
the following vaccine compensation payment:
A lwnp SllDl of$ 29,00t.OO, in 1hc fonn of a chock payable to petitioner. This amount
represents oompensation for all damages that would bo available under 42 U.S.C.
§ 300aa-1S(a).
9. At. soon as prac;ticabJe after the entzy ofj udgment on entitlement in this C85C, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(aX1 ), and an application, the parties will submit to further proceedings before
the special ma&ter to award reasonable attorneys' fees and costs incurred in proceeding upon tbia
petition.
10. Petitioner and his attorney rtpresent 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~l5(g), including State compensation programs, insurance policiea,
Federal or State health benefits programs (other than Title XIX oft he Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
2

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11. Payment made pursuant to paragraph 8 and any amounts a.warded pumiant to
paragraph 9 oftbis Stipuladon will be made in accordance with 42 U.S.C. § 300aa-1S(i), subject
to the avail8bility of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that. except for any award
. for !Ut:Omeys' fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit ofp etitioner as contemplated by a
strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of4 2 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, su«:essors or assigns,
does forever irrevocably and unconditionally releaae, acquit and discharge the United States and
the Sec~ of Health and Human Services from any and all actions or causes ofa ction
(including agrmncnts, 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 Injwy Compensation
Program, 42 U.S.C. § 3QOaa. . 10 et seq., on account of, or in anyway 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 Prcvnar-13 vaceination admiuistered on or about May
31, 2017, as alleged by petitioner in a petition for vaccine compensation filed on or about June 1,
2020, in the United States Court of Federal Claims as petition No. 20-663V.
14. Ifp etitioner should die prior to entry ofj udgment, dtis a,reement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

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15. If the special master fails to issue a decision in complete confonnity with the tenns
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 tenns 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 ofl iability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph !) 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 partiea further agree and t.m.derstand that the award described in this
Stipulation mayreflecta compromise of the parties' respective positions as t<> liability and/or
amount ofd amages, 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 u ao admission by the United State6 or the
Secretary of Health and HWilan Services that the Prevnar~ 13 vaccine caused petitioner•s allcpd
shoulder injury, any other injury. or his cummt condition.
18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner• s
heirs, executors, adminimtors, successors, and/or assigns.
BND OF STIPULATION
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Respectfu11y submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORlZED REPR.ESENTATlVB
PETITIONER: OF THE ATTORNEY GENERAL:
~~cw.&1-£~
JO~ HEATHBR L. PEARLMAN
Howie Law, P.C. Deputy Director
2608 Hibernia Street Torts Branch
Dallas TX 75204 Civil Division
(214) 622-6340 U.S.DepartmentofJustice
{214) 622-6341 FP P.O. Box 146
jhowie@howlelaw.net Bettjamin Franklin Station
Washington, DC 20044~0146
AUTiiORIZED REPRBSBNTATIVE ATTORNEY OF RECORD FOR
OF THB SECRETARY OF HEALTH RESPONDBNT:
AND HUMAN SERVICES:
\.-{_~ 1-kw(~
PILA~, ~~ 4/J&J,~ ~ ½ ~ L - P ~
TAMARA OVERBY MA'M'ilEW L. MURPHY
Acting Director, Division of Injury Trial Attorney
Compensation P.rogmns Torts Branch
Healthcare Systems Burtau Civil Division
Health Resources and Scrvioes U.S. Department ofJ ustice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
And Human Services Waahingtan, DC 20044-0146
5600 Fishers Lane, 08N146B (202) 616-4840
R.oclcville, MD 20857 Mattbew.Muq,hy@usdoj.gov
lun.
Dated: c {1,
1
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