VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00277
Package ID: USCOURTS-cofc-1_21-vv-00277
Petitioner: Cortez Toliver
Filed: 2021-01-07
Decided: 2023-03-24
Vaccine: influenza
Vaccination date: 2018-11-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Cortez Toliver filed a petition on January 7, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2018. Mr. Toliver further alleged that the vaccine was administered in the United States, that he experienced residual effects from the injury for more than six months, and that no prior compensation had been awarded for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 31, 2023, conceding that Mr. Toliver's claim met the Table criteria for SIRVA and that he was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 6, 2023, finding Mr. Toliver entitled to compensation. Subsequently, on February 14, 2023, the respondent submitted a proffer proposing an award of $45,000.00 for pain and suffering. Mr. Toliver agreed to this proposed award. On March 24, 2023, Chief Special Master Corcoran issued a decision awarding Mr. Toliver a lump sum payment of $45,000.00, payable by check to Mr. Toliver, as compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Steven Santayana.

Theory of causation field:
Petitioner Cortez Toliver alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on November 5, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 6, 2023, finding Petitioner entitled to compensation. On February 14, 2023, Respondent submitted a proffer proposing an award of $45,000.00 for pain and suffering, which Petitioner agreed to. On March 24, 2023, Chief Special Master Corcoran awarded Petitioner a lump sum payment of $45,000.00. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Steven Santayana.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00277-0
Date issued/filed: 2023-03-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/06/2023 ) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00277-UNJ Document 31 Filed 03/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-277V
UNPUBLISHED
CORTEZ TOLIVER, Chief Special Master Corcoran
Petitioner, Filed: February 6, 2023
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021, Cortez Toliver 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 from a shoulder injury related to vaccine
administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on November
5, 2018. Petition at 1. Petitioner further alleges the vaccine was administered within the
United States, that he suffered the residual effects of his injury for more than six months,
and that no party has ever received compensation in the form of an award or settlement
for Petitioner’s vaccine-related injury. Petition at 1-2. 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 1:21-vv-00277-UNJ Document 31 Filed 03/13/23 Page 2 of 2
On January 31, 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 has concluded that Petitioner’s claim meets the Table criteria
for a SIRVA and he is entitled to compensation. Id. at 4. Respondent further agrees that
Petitioner has satisfied the statutory requirements for compensation under the Vaccine
Act. 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-00277-1
Date issued/filed: 2023-03-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/15/2023) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00277-UNJ Document 32 Filed 03/24/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-277V
UNPUBLISHED
CORTEZ TOLIVER, Chief Special Master Corcoran
Petitioner, Filed: February 15, 2023
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021, Cortez Toliver 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”) following the administration of an influenza vaccine
administered on November 5, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 6, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. On February 14, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00. Proffer
at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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 1:21-vv-00277-UNJ Document 32 Filed 03/24/23 Page 2 of 5
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 $45,000.00 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

Case 1:21-vv-00277-UNJ Document 32 Filed 03/24/23 Page 3 of 5
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CORTEZ TOLIVER,
Petitioner,
v. No. 21-277V
SECRETARY OF HEALTH AND Chief Special Master Brian H. Corcoran
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Cortez Toliver (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986 (“the Vaccine Act” or “the Act”), 42 U.S.C.
§§ 300aa-1 to -34, as amended, alleging that he suffered Shoulder Injury Related to Vaccine
Administration (“SIRVA”), following administration of an influenza vaccine he received on
November 5, 2018. Petition at 1. On January 31, 2023, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for
compensation under the terms of the Act for SIRVA, and February 6, 2023, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 26;
ECF No. 27.
Items of Compensation
Respondent proffers that petitioner should be awarded $45,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:21-vv-00277-UNJ Document 32 Filed 03/24/23 Page 4 of 5
Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 following1: a lump sum payment of $45,000.00, in the form of a
check payable to petitioner.
Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Cortez Toliver: $45,000.00
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:21-vv-00277-UNJ Document 32 Filed 03/24/23 Page 5 of 5
/s/ Steven C. Santayana _____
STEVEN C. SANTAYANA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 451-7675
steven.c.santayana@usdoj.gov
Dated: February 14, 2023
3