VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01195
Package ID: USCOURTS-cofc-1_20-vv-01195
Petitioner: Donald Watford
Filed: 2020-09-14
Decided: 2022-05-19
Vaccine: influenza
Vaccination date: 2019-02-12
Condition: right and left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Donald Watford filed a petition for vaccine compensation on September 14, 2020, alleging that he suffered right and left shoulder injuries as a result of influenza and pneumococcal vaccines administered on February 12, 2019. Mr. Watford alleged that these injuries constituted Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table, and that he experienced residual effects for more than six months. He also represented that there had been no prior award or settlement of a civil action for damages related to his condition. The respondent, the Secretary of Health and Human Services, denied that Mr. Watford sustained a SIRVA Table injury, denied that the vaccines caused his alleged shoulder injuries or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr. Watford was awarded $25,000.00 as compensation for all damages. This award represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act. The decision was issued on May 19, 2022. Bruce William Slane represented the petitioner, and Naseem Kourosh represented the respondent. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted.

Theory of causation field:
Petitioner Donald Watford alleged Shoulder Injury Related to Vaccine Administration (SIRVA) following influenza and pneumococcal vaccinations on February 12, 2019. The respondent denied a Table injury or causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $25,000.00 as compensation for all damages. The stipulation was filed on March 31, 2022, and the decision was issued on May 19, 2022. Petitioner was represented by Bruce William Slane, and respondent was represented by Naseem Kourosh. The theory of causation is based on a stipulation, and the public text does not detail specific medical evidence, expert testimony, or the mechanism of injury beyond the general allegation of SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01195-0
Date issued/filed: 2022-05-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/01/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01195-UNJ Document 44 Filed 05/19/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1195V
UNPUBLISHED
DONALD WATFORD, Chief Special Master Corcoran
Petitioner, Filed: April 1, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Influenza (“flu”) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 14, 2020, Donald Watford 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 right and left shoulder injuries as a
result of influenza (“flu”) and pneumococcal vaccines administered to him on February 2,
2019. Petition at 1; Stipulation, filed at March 31, 2022, at ¶¶ 1-2. 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, 6; Stipulation
at ¶¶ 3-5. “Respondent denies that petitioner sustained any SIRVA Table injury; denies
that the vaccines caused petitioner’s alleged shoulder injuries, or any other injury; and
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-01195-UNJ Document 44 Filed 05/19/22 Page 2 of 7
denies that petitioner’s current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
Nevertheless, on March 31, 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 $25,000.00 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.
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Case 1:20-vv-01195-UNJ Document 44 Filed 05/19/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONALD WATFORD,
Petitioner,
No. 20-1195V (ECF)
V. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate Lo the following matters:
1. Donald Watford ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine
Program·'). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of influenza and pneumococcal vaccines, which vaccines arc contained in the Vaccine Injury
Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a pneumococcal vaccine in the left deltoid and an influenza
vaccine in the right deltoid on February 12, 2019.
3. The vaccinations were administered within the United States.
4. Petitioner allege~ that petitioner sustained right and left shoulder injuries related to
vaccine administration ("SIRVA") as set forth in the Table, or in the alternative, that petitioner's
alleged shoulder injuries were caused by the vaccines. Petitioner further alleges that petitioner
experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action

Case 1:20-vv-01195-UNJ Document 44 Filed 05/19/22 Page 4 of 7
for damages on petitioner's behalf as a result of petitioner's condition.
6. Respondent denies that petitioner sustained any SIRVA Table injury; denies that the
vaccines caused petitioner's alleged shoulder injuries, or any other injury; and denies that
petitioner's current condition is a sequela 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 of judgment 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 $25,000.00 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. f\s soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compens<1tio11 pursuant to 42
U.S.C. § 300aa-21(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.
JO. Petitioner and petitioner's 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 pol.ides,
Federal or State health benefits programs (other than Title XIX of the Social Security /\ct
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Case 1:20-vv-01195-UNJ Document 44 Filed 05/19/22 Page 5 of 7
(42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
ll. 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 unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for petitioner's benefit 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 petitioner's
individual capacity, and on behalf of petitioner's 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 of services, expenses and all
dc1m111ds 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 Vaccine Program, 42 U.S.C.
§ 300aa-10 el 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 pneumococcal vaccination or influenza vaccination administered on
February 12, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or
about September 14, 2020, in the United States Court of Federal Claims c1s petition No. 20-
1195V.
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Case 1:20-vv-01195-UNJ Document 44 Filed 05/19/22 Page 6 of 7
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If Lhe 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 retlect 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.
l 7. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Service that the influenza or pneumococcal vaccines caused
petitioner's alleged injury or any other injury or petitioner's 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 STIPULA TJON
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Case 1:20-vv-01195-UNJ Document 44 Filed 05/19/22 Page 7 of 7
Rcspectfull y submilled,
PETITIONER:
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~er...ed
DONALD WATFORD
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
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BRUCE SLANE HEATHER L. PEARLMAN
The Law Office of Bruce W. Slane, P.C. Deputy Director
188 East Post Rd., Suite 205 Torts Branch
White Plains, NY 10601 Civil Division
Telephone: (914) 269-2010 U.S. Department of Justice
Email: brucc@slane-law.com P.O. Box 146
Benj,rn,in Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
f'-J~ )L&JVo ~
George R. Grimes -
Di9it<1lly signed by George R.
Grimes •514
S1 4 ~~'-r~~
Date: 2022.03.07 11 :35:57 •05'00'
CDR GEORGE REED GRIMES, MD, MPH NASEEM KOUROSH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
/\dministration 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) 305-1159
Rockville, MD 20857 Email: Nasccm.Kourosh@usdoj.gov
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