VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00057
Package ID: USCOURTS-cofc-1_21-vv-00057
Petitioner: Graham Jewell
Filed: 2021-01-05
Decided: 2023-08-31
Vaccine: influenza
Vaccination date: 2019-09-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 43144

AI-assisted case summary:
Graham Jewell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received in his left shoulder on September 25, 2019. The petition was filed on January 5, 2021. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that the Vaccine Injury Table criteria for SIRVA were satisfied, including no prior history of shoulder issues, pain within 48 hours after vaccination, pain limited to the administered shoulder, and symptoms persisting for more than six months. A ruling on entitlement was issued on July 10, 2023, finding Petitioner entitled to compensation. Respondent subsequently filed a proffer on award of compensation, proposing an award of $43,144.61, which Petitioner agreed to. This amount includes $42,500.00 for past pain and suffering and $644.61 for out-of-pocket expenses. A decision awarding damages was issued on August 31, 2023, granting the lump sum payment of $43,144.61.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00057-0
Date issued/filed: 2023-08-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/10/2023) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00057-UNJ Document 43 Filed 08/10/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0057V
GRAHAM JEWELL, Chief Special Master Corcoran
Petitioner, Filed: July 10, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 5, 2021, Graham Jewell filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On June 7, 2022, Petitioner filed an amended petition. Petitioner alleges
that he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting
from an influenza vaccine received in his left shoulder on September 25, 2019. Amended
Petition at 1. Petitioner further alleges that the vaccine was administered in the United
States, his symptoms persisted for more than six months, and neither Petitioner, nor any
other party, has ever filed any action or received compensation in the form of an award
or settlement, for Petitioner’s vaccine-related injury. Amended Petition at ¶¶ 1, 8-10. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00057-UNJ Document 43 Filed 08/10/23 Page 2 of 2
On July 6, 2023, 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 the Vaccine Injury Table and Qualifications and Aids
to Interpretation criteria for SIRVA are satisfied in that “petitioner had no history of pain,
inflammation, or dysfunction of his left shoulder; his pain occurred within 48 hours after
receipt of an intramuscular vaccination; his pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain petitioner’s shoulder pain.” Id. at 3. Respondent further agrees that the vaccine
was received in the United States, and that Petitioner satisfies the statutory severity
requirement by suffering the residual effects or complications of his injury for more than
six months after vaccine administration. Id. at 3-4.
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_21-vv-00057-1
Date issued/filed: 2023-08-31
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/31/2023) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00057-UNJ Document 45 Filed 08/31/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0057V
GRAHAM JEWELL, Chief Special Master Corcoran
Petitioner, Filed: July 31, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 5, 2021, Graham Jewell filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On June 7, 2022, Petitioner filed an amended petition. Petitioner alleges
that he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting
from an influenza vaccine received in his left shoulder on September 25, 2019. Amended
Petition at 1. Petitioner further alleges that the vaccine was administered in the United
States, his symptoms persisted for more than six months, and neither Petitioner, nor any
other party, has ever filed any action or received compensation in the form of an award
or settlement, for Petitioner’s vaccine-related injury. Amended Petition at ¶¶ 1, 8-10. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00057-UNJ Document 45 Filed 08/31/23 Page 2 of 5
On July 10, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 28, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $43,144.61. Proffer at
2. 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 attached Proffer, I award Petitioner a lump
sum payment of $43,144.61 (consisting of $42,500.00 for past pain and suffering
and $644.61 for out-of-pocket expenses) 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

Case 1:21-vv-00057-UNJ Document 45 Filed 08/31/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
GRAHAM JEWELL, )
)
Petitioner, ) No. 21-57V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 5, 2021, Graham Jewell (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended. Petitioner alleged that he suffered from a left Shoulder
Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”)
vaccination administered on September 25, 2019. Petition at 1. On July 6, 2023, respondent
filed his Vaccine Rule 4(c) Report, concluding that petitioner suffered from SIRVA as defined
by the Vaccine Injury Table, within the Table timeframe. ECF No. 35. On July 10, 2023, Chief
Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a SIRVA Table injury. ECF No. 37.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:21-vv-00057-UNJ Document 45 Filed 08/31/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $43,144.61, consisting of $42,500.00 for past pain and suffering and $644.61 for
out-of-pocket expenses. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $43,144.61 in
the form of a check payable to petitioner.2 Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:21-vv-00057-UNJ Document 45 Filed 08/31/23 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: July 20, 2023
3