VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02011
Package ID: USCOURTS-cofc-1_20-vv-02011
Petitioner: Jerome Pittman, Sr.
Filed: 2020-12-29
Decided: 2022-10-17
Vaccine: influenza
Vaccination date: 2019-09-28
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
Jerome Pittman, Sr. filed a petition for vaccine compensation on December 29, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 28, 2019. He stated the vaccine was administered in the United States, the injury's effects lasted more than six months, and he had no prior award or settlement for this condition. Respondent denied that Mr. Pittman sustained a SIRVA Table injury or that the flu vaccine caused his shoulder injury. Despite these differing positions, the parties filed a joint stipulation on September 14, 2022, agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Mr. Pittman a lump sum of $10,000.00. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The case was processed as a Table claim, and the parties agreed to this settlement to resolve the issues of liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-02011-0
Date issued/filed: 2022-10-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/15/2022) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-02011-UNJ Document 36 Filed 10/17/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2011V
UNPUBLISHED
JEROME PITTMAN, SR., Chief Special Master Corcoran
Petitioner, Filed: September 15, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 29, 2020, Jerome Pittman, Sr. 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 hesuffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered
on September 28, 2019. Petition at 1; Stipulation, filed on September 14, 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, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained a SIRVA table injury; denies that the flu vaccine caused [P]etitioner’s alleged
shoulder injury or any other injury or significantly aggravated a preexisting 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.
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).

Case 1:20-vv-02011-UNJ Document 36 Filed 10/17/22 Page 2 of 7
Nevertheless, on September 14, 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 $10,000.00 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-02011-UNJ Document 36 Filed 10/17/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JEROME PITTMAN, SR., )
)
Petitioner, )
No.10-2011V (ECF)
)
Chief Special Master Corcoran
V. )
SPU
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
_________________
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Jerome Pittman, Sr. ("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 the seasonal 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 or about September 28, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that the flu vaccine caused him to develop a left shoulder injury
related to vaccine administration ("$IRVA "), and that he experienced symptoms of the injury
for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages fas a result of bis alleged condition.
6. Respondent denies that petitioner sustained a SIR.VA Table injury; denies that the
flu vaccine caused petitioner's alleged shoulder injury or any other injury or significantJy
1

Case 1:20-vv-02011-UNJ Document 36 Filed 10/17/22 Page 4 of 7
aggravated a preexisting injury; and denies that his current condition is a sequelae 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $10,000.00 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 incUJTed in proceeding upon this
petition.
I0 . 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-l5(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 (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:20-vv-02011-UNJ Document 36 Filed 10/17/22 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- lS(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-1S(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 Hwnan Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, Joss 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 Injury Compensation
Program, 42 U.S.C. § 300aa-10 et 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 flu vaccination administered on or about September
28, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about
December 29, 2020, in the United States Court of Federal Claims as petition No. 20..2011 V.
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.
3

Case 1:20-vv-02011-UNJ Document 36 Filed 10/17/22 Page 6 of 7
15. Iftbe 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 confonnity 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 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 oft he
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 Service that the flu vaccine caused petitioner's alleged shoulder
injury or any other injury or bis 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
s

........
VV VOt,I '-VC.C. '-,V\Jt,JUI C.aJCsJIIeVI I1IU:l"2'\I0 I-LvUUvC-:U0IV2I0 11-UNJ Document 36 Filed 10/17/22 Page 7 of 7
Respectfully submitted,
PETmONER:
ATIORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~
~~~f?e,u
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HEATIIER L. PEARLMAN
Attorney for Petitioner Deputy Director
MULLER BRAZIL LLP Torts Branch
715 Twining Road Civil Division
Suite 208 U.S. Department of Justice
Dresher,PA, 19025 P.O. Box 146
Telephone: (215) 885•16S5 Benjamin Franklin Station
Email: leigh@mullcrbrazil.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND RUMAN SERVICES:
II
tt,..,
Va.A /J. ~ ,
~c-,
CDR GEORGE REED GRIMES. MD, MPH ANDREW J.
n.a1-~
Director, Division oflnjucy Trial Attorney
Compensation Programs Tom Branch
Health Systems Bureau Civil DiviBion
Health Resources and Services U.S. Depm:bu~t1t ofJ ustice
Administration P.O. Box 146
U.S. Department of Health Benjamin Frankiin Station
and Hwnan Services Washington, DC 20044-0146
5600 Fishers Lane, 08Nl 46B Tel.: (202) 616-4405
RockvilJe, MD 20857 Email: andrew.j.hcnning@usdoj.gov
Dated: ---------
5