VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02021
Package ID: USCOURTS-cofc-1_20-vv-02021
Petitioner: John M. Lewis
Filed: 2020-12-29
Decided: 2022-08-08
Vaccine: influenza
Vaccination date: 2019-11-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
John M. Lewis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on or about November 5, 2019. He stated the vaccine was administered in the United States, he suffered the effects of his condition for more than six months, and he had not received prior compensation or filed a civil action for his injuries. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, agreeing that he had no prior shoulder issues, his pain and reduced range of motion occurred within 48 hours of vaccination, his symptoms were limited to the affected shoulder, and no other condition explained his symptoms. The six-month sequela requirement was met, the case was timely filed, and the vaccine was received in the United States. Based on Respondent's concession and the evidence, entitlement was granted. Subsequently, a damages decision was issued based on a proffer, awarding Petitioner a lump sum of $60,000.00 for all damages available under Section 15(a).

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-02021-0
Date issued/filed: 2022-07-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/28/2022) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-02021-UNJ Document 36 Filed 07/29/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2021V
UNPUBLISHED
JOHN M. LEWIS, Chief Special Master Corcoran
Petitioner, Filed: June 28, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 29, 2020, John M. Lewis 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 vaccine received on or about
November 5, 2019. Petition at 1. Petitioner further alleges the vaccine was administered
in the United States, he suffered the effects of his condition for more than six months, and
he has never received compensation in the form of an award or settlement, or filed a civil
action, for his vaccine-related injuries. Petition at ¶¶ 2, 20, 23. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling 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 Ruling 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-02021-UNJ Document 36 Filed 07/29/22 Page 2 of 2
On June 27, 2022, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent agrees that “petitioner had no history of pain, inflammation or
dysfunction in his left shoulder; his pain and reduced range of motion occurred within 48
hours of receipt of an intramuscular vaccination; his symptoms were limited to the
shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain his symptoms.” Id. at 5. Respondent further agrees that the
statutory six month sequela requirement is satisfied, the case was timely filed, and the
vaccine was received in the United States. Id. Respondent also notes that Petitioner avers
that he has not filed a civil action or received compensation in the form of an award or
civil settlement for an alleged vaccine-related injury. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-02021-1
Date issued/filed: 2022-08-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/28/2022) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-02021-UNJ Document 37 Filed 08/08/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-2021V
UNPUBLISHED
JOHN M. LEWIS, Chief Special Master Corcoran
Petitioner, Filed: June 28, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 29, 2020, John M. Lewis 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 vaccine received on or about
November 5, 2019. Petition at 1. Petitioner further alleges the vaccine was administered
in the United States, he suffered the effects of his condition for more than six months, and
he has never received compensation in the form of an award or settlement, or filed a civil
action, for his vaccine-related injuries. Petition at ¶¶ 2, 20, 23. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On June 28, 2022, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On June 27, 2022, Respondent filed a proffer on award of
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-02021-UNJ Document 37 Filed 08/08/22 Page 2 of 2
compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00. Proffer at
5-6. In the Proffer, Respondent represented that Petitioner agrees with the proffered
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum
payment of $60,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 15(a).
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