VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00160
Package ID: USCOURTS-cofc-1_21-vv-00160
Petitioner: Andrew Universal
Filed: 2021-01-06
Decided: 2023-09-13
Vaccine: influenza
Vaccination date: 2020-10-08
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 89209

AI-assisted case summary:
Andrew Universal filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from an influenza vaccination he received on October 8, 2020. The respondent, the Secretary of Health and Human Services, conceded that Mr. Universal is entitled to compensation. The respondent determined that Mr. Universal's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Mr. Universal experienced residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Mr. Universal entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $89,209.25, consisting of $85,000.00 for pain and suffering and $4,209.25 for past unreimbursable expenses. Mr. Universal agreed with this proffered award. The court awarded Mr. Universal the lump sum of $89,209.25 as compensation for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00160-0
Date issued/filed: 2023-08-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/18/2023) regarding 30 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00160-UNJ Document 35 Filed 08/18/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-160V
ANDREW UNIVERSAL, Chief Special Master Corcoran
Petitioner, Filed: July 18, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 6, 2021, Andrew Universal filed a petition2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that he suffered left shoulder injuries related to vaccine
administration (SIRVA) resulting from the influenza (flu) vaccination he received on
October 8, 2020. Amended Petition at 1. 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 Petitioner filed an amended petition on April 15, 2022.
3 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 1:21-vv-00160-UNJ Document 35 Filed 08/18/23 Page 2 of 2
On July 17, 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.
Respondent determined that Petitioner’s “alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table.” Specifically, Respondent found that “[P]etitioner had
no history of pain, inflammation, or dysfunction of his left shoulder prior to vaccination;
pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality has been identified to explain [P]etitioner’s shoulder pain.” Id. at 4.
Respondent further agrees that Petitioner “the residual effects of his condition for more
than six months.” 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_21-vv-00160-1
Date issued/filed: 2023-09-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/18/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00160-UNJ Document 36 Filed 09/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-160V
ANDREW UNIVERSAL, Chief Special Master Corcoran
Petitioner, Filed: July 18, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Andrew Universal filed a petition2 for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that he suffered left shoulder injuries related to
vaccine administration (SIRVA) resulting from the influenza (flu) vaccination he received
on October 8, 2020. Amended Petition at 1. The case was assigned to the Special
Processing Unit (SPU) of the Office of Special Masters.
On July 17, 2023, Respondent filed a combined Rule 4(c) report and proffer on
award of compensation (“Proffer”). On July 17, 2023, a ruling on entitlement was issued
finding Petitioner entitled to compensation for SIRVA. In the Proffer, Respondent
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 Petitioner filed an amended petition on April 15, 2022.
3 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 1:21-vv-00160-UNJ Document 36 Filed 09/13/23 Page 2 of 2
indicated that Petitioner should be awarded $89,209.25 ($85,000.00 for pain and suffering
and $4,209.25 for past unreimbursable expenses). Proffer at 4-5. Also 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 $89,209.25 ($85,000.00 for pain and suffering and $4,209.25 for past
unreimbursable 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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