VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00337
Package ID: USCOURTS-cofc-1_21-vv-00337
Petitioner: Robert Murphy
Filed: 2021-01-08
Decided: 2025-09-11
Vaccine: influenza
Vaccination date: 2020-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
On January 8, 2021, Robert Murphy filed a petition seeking compensation for a shoulder injury related to vaccine administration after receiving an influenza vaccination on September 28, 2020. He later filed an amended petition on September 28, 2022.

After Mr. Murphy died, Ja'Net Sheen was substituted as the personal representative of his estate. The public stipulation states that Mr. Murphy's death was from causes unrelated to the vaccine injury alleged in the petition. The Secretary denied that the flu vaccine caused a Table SIRVA, denied causation for any other vaccine-related injury, and denied that the vaccination caused Mr. Murphy's death or any death-related sequelae. The public record resolving the case does not provide a detailed account of symptom onset, treatment, imaging, injections, therapy, or functional limitations from the alleged shoulder injury.

On September 11, 2025, the parties filed a stipulation resolving the case. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the Court's decision. Ms. Sheen, as personal representative of Mr. Murphy's estate, was awarded $20,000.00 in a lump sum for all damages available under section 15(a), payable by ACH deposit to counsel's IOLTA account for prompt disbursement. The estate was represented by Leah VaSahnja Durant.

Theory of causation field:
Influenza vaccine, September 28, 2020, adult Robert Murphy, exact age not stated in the public stipulation, alleged SIRVA. COMPENSATED by stipulation after Ja'Net Sheen was substituted as personal representative of Mr. Murphy's estate; the stipulation states that Mr. Murphy's death was from causes unrelated to the alleged vaccine injury. Respondent denied Table SIRVA, causation, and any death-related sequela. Award: $20,000 lump sum by ACH to counsel's IOLTA account for disbursement to the estate representative. Chief Special Master Corcoran, September 11, 2025. Attorney Leah VaSahnja Durant.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00337-0
Date issued/filed: 2025-10-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/11/2025) regarding 53 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00337-UNJ Document 57 Filed 10/20/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0337V
JA’NET SHEEN, as personal
representative of ESTATE OF Chief Special Master Corcoran
ROBERT MURPHY,
Filed: September 11, 2025
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Robert Murphy filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”).3 Mr. Murphy alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”)
vaccine on September 28, 2020. Amended Petition at 1, ¶¶ 1, 9; Stipulation, filed Sept.
11, 2025, ¶¶ 1-2, 4. Mr. Murphy further alleged that he received the vaccine within the
United States, that he suffered the residual effects of the SIRVA for more than six months,
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).
3 On September 28, 2022, Mr. Murphy filed an amended petition with additional detail and medical records
citation. ECF No. 21.

Case 1:21-vv-00337-UNJ Document 57 Filed 10/20/25 Page 2 of 7
and that neither he nor any other party had filed a civil action or received compensation
for his SIRVA, alleged as vaccine caused. Amended Petition at ¶¶ 1, 8, 10; Stipulation ¶¶
3-5. On July 29, 2025, Ms. Sheen was substituted as Petitioner after Mr. Murphy sadly
passed away from causes not related to his alleged vaccine injury. ECF No. 48.
“Respondent denies that decedent sustained a SIRVA Table injury; denies that the flu
vaccine caused decedent’s alleged shoulder injury or any other injury; and denies that
the flu vaccine caused decedent any other injury and/or decedent’s death.” Stipulation at
¶ 6.
Nevertheless, on September 11, 2025, 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 $20,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement 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.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

Case 1:21-vv-00337-UNJ Document 57 Filed 10/20/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JA'NET SHEEN, as Personal Representative of )
the Estate of ROBERT MURPHY, )
)
Petitioner, ) No. 2l-337V
) Chief Special Master Brian H. Corcoran
V. ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
______R_esp_on_den_t. _______)
)
STIPULATION
The parties hereby stipulate to the following matters:
I . Robert Murphy ("decedent") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). On July 29, 2025, Ja'Net Sheen was substituted in as petitioner as personal
representative of the estate of Robert Murphy. The petition seeks compensation for injuries
allegedly related to decedent's receipt of the influenza ("flu") vaccine, which vaccine is
contained in the Vaccine Injury Table (the '"Table"), 42 C.F.R. § 100.3 (a).
2. Decedent received the flu vaccine on or about September 28, 2020.
3. The vaccination was administered within the United States.
4. The Petition alleges that decedent suffered a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table. The Petition further
alleges that decedent experienced the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages arising out of the alleged vaccine injury.

Case 1:21-vv-00337-UNJ Document 57 Filed 10/20/25 Page 4 of 7
6. Respondent denies that decedent sustained a SIRVA Table injury; denies that the flu
vaccine caused decedent's alleged shoulder injury or any other injury; and denies that the flu
vaccine caused decedent any other injury and/or decedent's death.
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-2 I (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 of $20,000.00 to be paid through an ACH deposit to petitioner's
counsel's IOLT A account for prompt disbursement to petitioner as personal
representative of the decedent's estate.
9. As soon as practicable after the entry of judgment 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-2 I(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 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-15(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
2

Case 1:21-vv-00337-UNJ Document 57 Filed 10/20/25 Page 5 of 7
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-15(i), subject
to the availability of sufficient statutory funds.
12. Petitioner represents that she is currently is authorized to serve as the legal
representative of decedent's estate under the laws of the District of Columbia. If petitioner is no
longer authorized by a court of competent jurisdiction to serve as legal representative of
decedent's estate at the time a payment pursuant to this Stipulation is to be made, any such
payment shal I be paid to the party or parties appointed by a court of competent jurisdiction to
serve as legal representative of decedent's estate upon submission of written documentation of
such appointment to the Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity and as personal representative of decedent, on petitioner's own behalf, and
on behalf of decedent'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-l 0 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 decedent resulting
from, or alleged to have resulted from, the flu vaccination administered on or about September
3

Case 1:21-vv-00337-UNJ Document 57 Filed 10/20/25 Page 6 of 7
28, 2020, as alleged in a petition for vaccine compensation filed on or about January 8, 2021, and
in an amended petition filed on or about September 28, 2022, in the United States Court of
Federal Claims as petition No. 2l-337V.
14. 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 conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
15. This Stipulation expresses a full and complete negotiated settlement of liability 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.
16. 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 decedent's alleged injury or
any other injury or decedent's death, or that decedent suffered an injury contained in the Vaccine
Injury Table.
17. All rights and obligations of petitioner hereunder in petitioner's capacity as
administrator and legal representative of decedent's estate shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00337-UNJ Document 57 Filed 10/20/25 Page 7 of 7
PETITIONE
·-~- -
· -,~--
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTA TJVF,
~rz"ll,.IONER: OF THE ATTORNEY GENERAL:
,MJ~¥d?~
HEATHER L. PEARLMAN
Law Offices of Leah V. Durant. PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Branch
Washington. DC 20006 Civil Division
(202) 775-9200 U.S. Department of Justice
ldurant@durantllc.com P.O. Box. 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENT A1 1VE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
s.
ffrey
Je Digitally $lgnoo by
Jeffrey S Beach -S t whir
Beach -5 for .'1J1A1MIM!J
~~~e;~02S.08.27 IS:IS:111
-----·- - O{l •n••. .• •••-•••-•n• MADELYl1t
CAPT GEORGE REED GRIMES, MD, MPH WEEKS
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department ofJustice
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) 305-3262
Rockville, MD 2085 7 madelyn.c.wecks@usdoj.gov
5