VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00064
Package ID: USCOURTS-cofc-1_21-vv-00064
Petitioner: Timothy Allen
Filed: 2021-01-05
Decided: 2024-01-02
Vaccine: influenza
Vaccination date: 2019-11-26
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 48950

AI-assisted case summary:
Timothy Allen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 26, 2019. He further alleged that he experienced the residual effects of this condition for more than six months. Respondent denied that Mr. Allen sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr. Allen a lump sum of $48,950.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00064-0
Date issued/filed: 2024-01-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/30/2023) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00064-UNJ Document 41 Filed 01/02/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0064V
TIMOTHY ALLEN,
Chief Special Master Corcoran
Petitioner,
v.
Filed: November 30, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 5, 2021, Timothy Allen 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 left shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to him on
November 26, 2019. Petition at 1; Stipulation, filed at November 30, 2023, ¶¶ 1-4.
Petitioner further alleges that he experienced the residual effects of this condition for more
than six months. Petition at 1; Stipulation at ¶ 4. “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 of a
vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on November 30, 2023, 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.
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-00064-UNJ Document 41 Filed 01/02/24 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $40,950.00, 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 1:21-vv-00064-UNJ Document 41 Filed 01/02/24 Page 3 of 8
Vinesign Document ID: OC41 FEB3-4E9A--4E25-97A ~76B7 A29DDC95
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
TIMOTHY ALLEN,
Petitiooer, No. 21-64V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEAL1 H AND
HUMAN SERVICES,
Respondent.
§TIP\JlgA]]ON
The parties hereby stipulate to the following matters:
I. Timothy Allen ("petitioner't), flied 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 injuries allegedly related to petitioner's receipt
ofa n influenza (. .f lu") 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 November 26, 2019.1
3. The vaccine was administered within the United States.
4. Petitioner alle9es that he sustained a shoulder injwy related to vaccine administration
("SIRVA") within the time period set forth in the Table. He further alleges that he experienced
the residual effects of this condition for more than six months.
S. Petitioner represents that there has been no prior award or settlement ofa civil action
for damages on his behalf as a result ofhis aileged injury.
1 The vaccination record is silent as to the route and site of administration.
1
The signed document can be validated at https://app.vinesign.tom/Verify

Case 1:21-vv-00064-UNJ Document 41 Filed 01/02/24 Page 4 of 8
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
cunent condition is a sequela ofa \'accine-reJated i,uwy.
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 tenns 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 wiJl issue
the following \'accine compensation payment:
A lump sum ofS48,950.00 in the fonn 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 udament 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 further proceedings 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-1S(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 ~ial Sec;urity Act (42 U.S.C.
§ 1396 et seq,)). or by entities that provide health services on a pre-paid basis.
2

Case 1:21-vv-00064-UNJ Document 41 Filed 01/02/24 Page 5 of 8
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-I 5(i), subject
to the availability ofs ufficient statutory funds.
l 2. The panies and their anomeys further agree and stipulate that, except for any award
for attorney's 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 of4 2 U.S.C. § 300aa-1S(a) and (d), and subject to the conditions of4 2 U.S.C.
§ 300aa• l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behaJf 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 c.auses of action
(including agreements, judgments. claims, damages, loss ofs ervices, expenses and all demands
ofw hatever kind or nature) that have been brougb~ could have been brough~ or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-lO 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 ofp etitioner resulting
from, or alleged to have resulted from, the vaccination administered on November 26, 2019, as
identified in a petition for vaccine compensation filed on or about January 5, 2021, in the United
States Court of Federal Claims as petition No. 21-64V.
14. If petitioner should die prior to entry ofj udgmen~ this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
1S . Ift he special master fails to issue a decision in complete confonnity with the terms
3

Case 1:21-vv-00064-UNJ Document 41 Filed 01/02/24 Page 6 of 8
oft his Stipulation or ift he Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the terms oflhis Stipulation, then the parties'
settlement and this StipuJation shaJI be voidable at the sole discretion of either party.
16. This Stipulation expresses a fulJ and complete negotiated settlement of liabiHty 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 reflect a compromise oft he 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 alleged injury or
any other injury or his cunent disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPl.IT,ATION
4

Case 1:21-vv-00064-UNJ Document 41 Filed 01/02/24 Page 7 of 8
Respectfully submitted,
PETITIONER:
TIMOTIIY ALLEN
n i t
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
OF THE ATIORNEY GENERAL:
· ~~~£~
MAXIMILLIAN
J. MULLER
Muller Brazil Deputy Director
7 I 5 TwiMing Road. Suite 208 Torts Branch
Dresher, PA 19205 Civil Division
(215) 885-1655 U.S. Department ofJustice
max@myvaccinelawyer.com P.O. Box. 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUlHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALm RESPONDENT:
AND HUMAN SERVICES:
He nry P• o~~~-~~~
P.Monlllant·SS ~~
by Mcmillan -55 ::;02 '· 11 • 1614 :54:)2
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Tons Branch
Health Systems Bureau Civil Division
Hea1th Resources and Services U.S. Department ofJ ustice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
m1d Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 305-3912
Rockville., MD 20857 emily.h.manoso@usdoj.gov
\o_ur_ ~_ \2 0 ~
Dated: _ N_ t}I_UY_\ 2-
5

Case 1:21-vv-00064-UNJ Document 41 Filed 01/02/24 Page 8 of 8
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