VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01020
Package ID: USCOURTS-cofc-1_20-vv-01020
Petitioner: Max Mayhew
Filed: 2020-08-14
Decided: 2022-10-12
Vaccine: influenza
Vaccination date: 2017-08-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 27500

AI-assisted case summary:
Max Mayhew filed a petition for compensation under the National Vaccine Injury Compensation Program on August 14, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on August 30, 2017. Respondent denied that the vaccine caused the alleged injury or that it was a Table injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation, awarding Max Mayhew a lump sum of $27,500.00. This amount represents compensation for all items of damages available under the Vaccine Act. The stipulation also noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs. The case was settled based on a compromise of the parties' respective positions on liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01020-0
Date issued/filed: 2022-10-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/09/2022) regarding 54 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01020-UNJ Document 61 Filed 10/12/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1020V
UNPUBLISHED
MAX MAYHEW, 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)
Robert Joel Krakow, Law Office of Robert J. Krakow, PC, New York, NY, for Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 14, 2020, Max Mayhew 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”) as a result of an influenza (“flu”) vaccine that was administered
to him on August 30, 2017. Petition at 1; Stipulation, filed on September 8, 2022, at ¶¶
2, 4. Petitioner further alleges that he received the vaccine in the United States, that he
experienced the residual effects of his injury 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 alleged
condition. Petition at 1, 14-15; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged
shoulder injury or any other injury; and denies that his 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.
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-01020-UNJ Document 61 Filed 10/12/22 Page 2 of 7
Nevertheless, on September 8, 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 $27,500.00 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-01020-UNJ Document 61 Filed 10/12/22 Page 3 of 7
IN THE UNITED STA T ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MAX MAYHEW, )
)
Petitioner, )
) No. 20-1020V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent )
__)
STIPULATION
The parties hereby stipulate to the following matters:
1. Max Mayhew ("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 an injury allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on August 30, 2017, in his right ann.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he sustained a right shoulder injury related to vaccine
administration ("SIRVA") within the Table time period after receiving the flu vaccine, that the
flu vaccine was the cause-in-fact of his alleged right shoulder injury, and that he experienced the
residual effects oft his condition 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 behaJfas a result of his a11eged injury.

Case 1:20-vv-01020-UNJ Document 61 Filed 10/12/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury or any other injury; and denies that his
current condition is a sequela ofa 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-2l (a)(l), the Secretary ofH ealth and Human
Services will issue the following vaccine compensation payment:
A lump sum ofS27,SOO.OO in the form ofa check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-lS(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-21(a)(l), and an application, the parties will submit to furtherproceedi~
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
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 (4 2 U. S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:20-vv-01020-UNJ Document 61 Filed 10/12/22 Page 5 of 7
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-l 5(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 attorneys' fees and litigation costs, and past unreimbursable 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 behalfo f 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
(includingagreements,judgments,claims, damages, loss ofs ervices, expenses and aJl 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-10 et seq., on account of, or in any way growing out of, any and alt
known or unknown, suspected or unsuspected personal injuries to or death ofp etitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on August 30, 2017, as
alleged by petitioner in a petition for vaccine compensation filed on or about August 14, 2020, in
the United States Court of Federal Claims as petition 20-1020V.
14. If petitioner should die prior to entry ofj udgment, this agreement sha11 be
voidable upon proper notice to the Court on behalfo fe ither or both of the parties.
3

Case 1:20-vv-01020-UNJ Document 61 Filed 10/12/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity 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 confonnitywith 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 ofliability
and damages claimed under the National Childhood Vaccine Injury Act of l 986, 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 oft he 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 aUe ged SIRVA,
or any other injury, or his current condition, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner here\.Ulder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:20-vv-01020-UNJ Document 61 Filed 10/12/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
MAX MAYHEW
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~ U : ~
--
ROBERT J. KRAKOW, ESQ. HEATHER L. PEARLMAN ,.
Law Office ofRobertJ. Krakow, P.C. Deputy Director
233 Broadway, Suite 2320 Torts Branch
New York, NY I 0279 Civil Division
Tel: 212-227-0600 U.S.DepartmentofJustice
rkrakow@krakowlaw.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEYOFRECORDFOR
OF mE SECRETARY OF HEALm RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
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Oatttl022.08.191S:20:46-04'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
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, 08N 146B Tel: (202)451-7675
Rockville, MD 20857 steven.c.santayana@usdoj.gov
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Dated: ( '{)
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