VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00720
Package ID: USCOURTS-cofc-1_20-vv-00720
Petitioner: Herbert Degan, III
Filed: 2022-09-09
Decided: 2022-10-18
Vaccine: influenza
Vaccination date: 2018-10-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Herbert Degan, III filed a petition for compensation under the National Vaccine Injury Compensation Program on September 9, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 31, 2018. Petitioner stated the vaccine was administered in the United States, his symptoms lasted more than six months, and he had not previously filed an action or received compensation for these injuries. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused a Table injury for SIRVA or any other injury, and denied that petitioner's current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 8, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court. Mr. Degan was awarded a lump sum of $45,000.00, payable to him, representing compensation for all items of damages available under the program. This amount is intended to cover all damages related to his alleged SIRVA. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and the respondent was represented by Meghan Murphy of the U.S. Department of Justice. The stipulation stated that it represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury.

Theory of causation field:
Petitioner Herbert Degan, III alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 31, 2018. The respondent denied that the vaccine caused a Table injury for SIRVA or any other injury. The parties filed a joint stipulation agreeing to settle the case. The Special Master adopted the stipulation, awarding $45,000.00 as a lump sum. The case proceeded as a Table claim, and the stipulation stated it was a full and complete negotiated settlement of liability and damages. No specific medical experts or detailed clinical information regarding the onset, symptoms, diagnostic tests, or treatments were described in the public decision text. The mechanism of injury was not detailed, but the claim was related to SIRVA, which is a condition listed in the Vaccine Injury Table. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Meghan Murphy. Chief Special Master Brian H. Corcoran issued the decision on October 18, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00720-0
Date issued/filed: 2022-10-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/09/2022) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-720V
UNPUBLISHED
HERBERT DEGAN, III, Chief Special Master Corcoran
Petitioner, Filed: September 9, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 15, 2020, Herbert Degan, III 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), resulting from an influenza (flu) vaccination he received on
October 31, 2018. Petition at 1; Stipulation, filed at September 8, 2022, ¶¶ 1-2. Petitioner
further alleges that the vaccination was administered within the United States, his
symptoms lasted for more than six months, and neither he, nor any other party, has ever
filed any action or received any compensation in the form of award or settlement for
Petitioner’s vaccine-related injuries. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent
denies that the vaccine caused a Table injury for SIRVA, caused [P]etitioner’s alleged
shoulder injury or any other injury, and denies that [P]etitioner’s current condition is a
sequela 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.
2National 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).

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Nevertheless, onSeptember 8, 2022,the parties filed the attachedjoint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as mydecision 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 $45,000.00 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

Case 1:20-vv-00720-UNJ Document 38 Filed 10/18/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
HERBERT DEGAN,~ )
)
Petitioner, )
) No. 20-720V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEAL TH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Herbert Degan, Ill ( ..p etitioner"), 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 a flu vaccine on October 31, 2018.
3. The vaccine was administered within the United Stat.es.
4. Petitioner alleges that be sustained a shoulder injury related to vaccine administration
("SIRVA") from the flu vaccine. He further alleges that he experienced the residual effects of
this condition for more than six months.
5. Petitioner represents that there bas been no prior award or settlement of a civil action
for damages on his behalf as a result of his alleged injury.
1

Case 1:20-vv-00720-UNJ Document 38 Filed 10/18/22 Page 4 of 7
6. Respondent denies that the vaccine caused a Table injury for SIRVA, caused
petitioner's alleged shoulder injwy or any other injury, and denies that petitioner's current
condition is a sequeta of a vaccine-related 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 payment:
A lump sum of $45,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
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-2l(a)(l), and an application, the parties will submit to further proceedings before
the 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
under42 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
2

Case 1:20-vv-00720-UNJ Document 38 Filed 10/18/22 Page 5 of 7
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 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 ofs ufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past U1ll"Cimbursable 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-l S(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 ofs ervices, 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. § JOOaa-10 et seq., on account ot: 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 admini~tered on October 31, 2018, as
identified in a petition for vaccine compensation filed on or about June 15, 2020, in the United
States Court of Federal Claims as petition No. 20-720.
3

Case 1:20-vv-00720-UNJ Document 38 Filed 10/18/22 Page 6 of 7
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 special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fail~ 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.
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 vaccine caused petitioner's alleged shoulder
injury or any other injury or his current disabilities, or that petitioner suffered an injury contained
in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:20-vv-00720-UNJ Document 38 Filed 10/18/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
L
-~ AT fORNEY OF RECORD FOR I AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE AT IORNEY GENERAL:
~~~
M~J.MULLER HEATHER L. PEARLMAN
Muller Brazil Deputy Director
715 Twining Road, Suite 208 Torts Branch
.... ~ Drescher, PA 19025 Civil Division
(215) 885-1655 U.S. Department ofJ ustice
max@mulJerbraziJ.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044--0146
·4'. AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTIIESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
OlglbUyslgnedbyGeorgea.
Gllmes•S14
-S 14 o.te: 2022.DS.09 11:Js:00 ~w ~~
. . ., CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Tn ttomey
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
HcaJth Resources and Services U. S. Department ofJ ustice
Administration P.O. Box 146
U.S. De~ment of Health Benjamin Franklin Station .
•"-
and Humans Services Washington, DC 20044-0146
5600 Fishers Lane, 08N1468 (202) 616-4264
Rockville, MD 20857 meghan.r.mwphy@usdoj.gov
Dated:_~_/8_/J..J__
~·
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