VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00328
Package ID: USCOURTS-cofc-1_21-vv-00328
Petitioner: Mark Grayson
Filed: 2021-01-08
Decided: 2024-04-23
Vaccine: influenza
Vaccination date: 2019-11-18
Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Mark Grayson filed a petition for vaccine compensation on January 8, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 18, 2019. He further alleged that he experienced residual effects from this injury for more than six months. The respondent denied that Mr. Grayson sustained a SIRVA Table injury or that the flu vaccine caused his alleged shoulder injury or any other condition. Despite these denials, the parties filed a joint stipulation on March 19, 2024, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Mr. Grayson was awarded a lump sum of $60,000.00 as compensation for all items of damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00328-0
Date issued/filed: 2024-04-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/20/2024) 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-00328-UNJ Document 43 Filed 04/23/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0328V
MARK GRAYSON, Chief Special Master Corcoran
Petitioner, Filed: March 20, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Mark Grayson 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 an influenza vaccination he received on November 18,
2019. Petition at 1; Stipulation, filed at March 19, 2024, ¶¶ 2, 4. Petitioner further alleges
that he has suffered the residual effects of his injury for more than six months. Petition at
¶ 3; Stipulation at ¶ 4. “Respondent denies that “Petitioner sustained a SIRVA Table
injury; denies that the flu vaccine caused his alleged shoulder injury; and further denies
that the flu vaccine caused him any other injury or his current condition.” Stipulation at ¶
6.
Nevertheless, on March 19, 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.
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-00328-UNJ Document 43 Filed 04/23/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $60,000.00 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-00328-UNJ Document 43 Filed 04/23/24 Page 3 of 7
IN THE l'NITED STA TES COURT OF fEDER<\L CLAL\1S
OFFICE OF SPECIAL MASTERS
MARK GR.'\ YSON.
Petitioner.
No. 21-328V
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEAL TH AND HU:'vlAN )
SERVICES. )
)
Respondent. )
------------------)
STIPULATION
The parties hereb) stipulate to the folio,, ing matters:
l. Mark Grayson ( .. petitioner"·) filed a petition for ,·accine compensation under the
National Vaccine Injury Compensation Program. 42 L'.S.C. ~ 300aa-l Oto -34 (the ··vaccine
Program .. ). The petition seeks compensation for injuries allegedly related to petitioner" s receipt
of the influenza r·t1u··) vaccine. which is contained in the Vaccine lnjur:- Table (the --Table .. ). 42
*
C.F.R. I 00.3(a).
2. Petitioner received the flu ,·accine on or about ~o\'ember 18. 2019.
3. The ,·accine was administered in the United States.
4. Petitioner alleges that he suffered a left Shoulder lnjur) Related to Vaccine
Administration r·SIRVA •• ) within the time period set forth in the Table. or in the alternatiw.
that his alleged shoulder injury was caused by the ,·accine. Petitioner further alleges that he
experienced the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior a\\ard or settlement of a ci, ii action
for damages as a result of his alleged condition.

Case 1:21-vv-00328-UNJ Document 43 Filed 04/23/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRY A Table injur~: denies that the flu
"accine caused his alleged shoulder injury. and further denies that the llu \'accine caused him an~
other injur~ or his current condition.
7. :'\faintaining their abo\'e•stated positions. the parties newrtheless now agree that the
issues bet\\een 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 of judgment reflecting a decision consistent with
the terms of this Stipulation. and after petitioner has filed an election to recei\'e compensation
pursuant to .Q L'.S.C. ~ 300aa-2 I (a)( I l. the Secretar~ of Health and Human Ser\'ices will issue
the following \·accine compensation payment:
A lump sum of S60,000.00 in the fonn of a check payable to petitioner. This
amount represents compensation for all damages that would be a\'ailable under 42
C.S.C. § 300aa•l5(a).
9. As soon as practicable after the entr~ of judgment on entitlement in this case. and
after petitioner has filed both a proper and timely election to recei\·e compensation pursuant to
42 C.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.
I 0. Petitioner and bis attorney reprt!sent that the~ ha\ e identified to respondent all knO\\ n
sources of payment for items or sen·ices for which the Program is not primarily liable under ~2
L' .S.C. ~ 300aa-I 5(g). including State compensation programs. insurance policies. Federal or
State health benefits programs (other than Title XIX of the Social Securit~ Act (42 l'.S.C.
13% et seq.)). or entities that pro\·ide health sen ices on a prepaid basis.
~

Case 1:21-vv-00328-UNJ Document 43 Filed 04/23/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 L'.S.C. ~ 300aa-15(i). subject to the
availahilit~ of sutlicient statutor:, funds.
12. The parties and their attorneys further agree and stipulatt: that. except for any a\\ard
for attorne:, s· fees and litigation costs. and past unreimbursed expenses. the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
*
strict construction of l '.S.C. 300aa-l 5(a) and (d). and subject to the conditions of -t~ L'.S.C.
➔2
*
300aa-1 S(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner. in his
indi\·idual capacity. and on behalf of his heirs. executors. administrators. successors. and assigns.
does fore,·er irren)cabl:, and unconditional I) release. acquit. and discharge the United States and
the Secretar~ of Health and Human Services from any and all actions or causes of action
( including agreements.judgments. claims. damages. loss of sen·ices. expenses and all demands
of whate,·er kind or nature l that ha\'e been brought. could have been brought. or could be timely
brought in the l'nited States Court of Federal Claims. under the National Vaccine Injury
Compensation Program. 42 L'.S.C. ~ 300aa-l0 et seq .. on account of. or in any ,rn~ gro\\·ing out
of. any and all known or unknown. suspected or unsuspected personal injuries to or death of
petitioner resulting from. or alleged to ha,·e resulted from. the flu Yaccination administered on or
about Non:mber 18. 2019. as allt:ged b~ pt:titioner in a petition for ,·accine compensation filed
on or about January 8. 2021. in the L'nited States Court of Federal Claims as p.:tition :\o. 21-
328\I.
1-t. If petitioner should die prior to entry of judgment. this agreement shall be \·oidable
upon proper notice to tht: Court on behalf of either or both of the parties.
3

Case 1:21-vv-00328-UNJ Document 43 Filed 04/23/24 Page 6 of 7
15. If the special master fails to issue a decision in complete confonnity \\ ith the terms of
this Stipulation or if the L'nited States Court of Federal Claims fails to enter judgment in
conform it~ "ith a decision that is in complete conformity with the terms of this Stipulation. then
the parties· settlement and this Stipulation shall be ,·oidabk at the sok discretion of either part~.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine lnju~ Act of 1986. as amended. e:--cept
as othern ise noted in paragraph 9 abO\·e. There is absolutely no agreement on the part of the
parties hereto to make any payment or do an~ 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· respectiYe 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 modit~ or re\·ise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Sen·ices that the flu \·accine caused petitioner's kft shoulder
injury. any other injury. or his current condition. or that petitioner suffered an injury contained in
the Vaccine lnjur> Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs. executors. administrators. successors. and or assigns.
E~D OF STIPtLA TI0'.\1

Case 1:21-vv-00328-UNJ Document 43 Filed 04/23/24 Page 7 of 7
Resp1:ctfull_:. submitted.
PETITIO~ER:
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..\:\D Hl".\1.-\ '\ Sf.R\"ICF.S:
Jeffrey S. Digitally signed by
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15:05:02 -04'00' for
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