VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00197
Package ID: USCOURTS-cofc-1_21-vv-00197
Petitioner: John Clarke, Jr.
Filed: 2021-01-07
Decided: 2024-03-28
Vaccine: influenza
Vaccination date: 2020-03-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 13715

AI-assisted case summary:
John Clarke, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on March 10, 2020. He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Clarke sustained a SIRVA Table injury, denied that the vaccine caused his injuries or significantly aggravated a pre-existing condition, and denied that the vaccine caused any other injury. Despite these denials, the parties filed a joint stipulation on February 26, 2024, agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Mr. Clarke was awarded a lump sum of $13,715.13, which represents compensation for all eligible damages. The decision was issued on March 28, 2024.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00197-0
Date issued/filed: 2024-03-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/26/2024) regarding 39 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00197-UNJ Document 43 Filed 03/28/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0197V
JOHN CLARKE JR., Chief Special Master Corcoran
Petitioner, Filed: February 26, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 7, 2021, John Clarke, Jr., 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 (“flu”) vaccine he received on March
10, 2020. Petition at 1; Stipulation, filed at February 26, 2024, ¶¶ 1-4. Petitioner further
alleges that he suffered the sequela of his vaccine-related injury for more than six months.
Petition at 1; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA
Table injury; denies that petitioner’s alleged injuries or its residual effects were caused-
in-fact by the flu vaccine or that the vaccine significant aggravated a pre-existing injury;
and denies that the flu vaccine caused petitioner any other injury or petitioner’s current
condition.” Stipulation at ¶ 6.
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-00197-UNJ Document 43 Filed 03/28/24 Page 2 of 7
Nevertheless, on February 26, 2024, 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 $13,715.13, 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.
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Case 1:21-vv-00197-UNJ Document 43 Filed 03/28/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOHN CLARKE, JR., )
)
Petitioner, )
) No. 21-197V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
t( I. John Clarke, Jr. ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § IOOJ(a).
2. Petitioner received a flu vaccine on March I 0, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table. In the alternative,
petitioner also alleges that he suffered a right shoulder injury that was caused-in-fact by the flu
vaccine and/or that the vaccine significantly aggravated a pre-existing injury. Petitioner further
alleges that petitioner suffered the residual effects of the alle~ed injuries for more than six
months.

Case 1:21-vv-00197-UNJ Document 43 Filed 03/28/24 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injuries.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that
petitioner's alleged injuries or its residual effects were caused-in-fact by the flu vaccine or that
the vaccine significantly aggravated a pre-existing injury; and denies that the Ou vaccine caused
petitioner any other injury or petitioner's current condition.
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-21 (a)( I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. § 300aa-15(a):
A lump sum ofSlJ,715.13 in the form of a check payable to petitioner.
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-21(a)(I), 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 petitioner's 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-1 S(g), to the extent that payment has been made or can
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Case 1:21-vv-00197-UNJ Document 43 Filed 03/28/24 Page 5 of 7
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.
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-l 5(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 the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss 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
March I 0, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about
January 7, 2021, in the United States Court of Federal Claims as petition No. 2 l-197V.
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Case 1:21-vv-00197-UNJ Document 43 Filed 03/28/24 Page 6 of 7
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.
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete confonnity with the terms 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 ofliability 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 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 Services that the flu vaccine caused or significantly aggravated
petitioner's alleged shoulder injury or any other injury or petitioner's 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
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Case 1:21-vv-00197-UNJ Document 43 Filed 03/28/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
~~~
JOHNLARKE, JR.
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF TIIE ATTORNEY GENERAL:
'~i~t)i£t,~t1 ~,
V. DURANT, Deputy Director
PLLC Torts Branch
1717 K Street NW, Suite 900 Civil Division
Washington, DC 20006 U.S. Department of Justice
(202) 775-9200 P.O. Box 146
ldurant@durantllc.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEYOFRECOKDFOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
~&
J e f fr ey S. Olgltally ilgned by
Jeffreys. Beacti-s
-S
Beach Date: 2024.02.07 for
16:07:50--0S'OO'
4.REN
CDR GEORGE REED GRIMES, MD, MPH NINA
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 451-7499
Rockville, MD 20857 nina.ren@usdoj.gov
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