VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00377
Package ID: USCOURTS-cofc-1_21-vv-00377
Petitioner: Jason Povey
Filed: 2021-01-08
Decided: 2024-09-24
Vaccine: influenza
Vaccination date: 2020-11-04
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 101835

AI-assisted case summary:
Jason Povey filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on November 4, 2020. He claimed the SIRVA occurred within 48 hours of the vaccination, persisted for more than six months, and was administered in the United States. The respondent conceded that Mr. Povey was entitled to compensation, noting he had no prior shoulder issues, the pain occurred within 48 hours post-vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that the condition persisted for more than six months, satisfying the legal prerequisites for compensation. A ruling on entitlement was issued on March 6, 2024, finding Mr. Povey entitled to compensation. Subsequently, on August 16, 2024, the respondent filed a proffer recommending an award of $101,835.89, comprising $90,000.00 for pain and suffering and $11,835.89 for lost wages. Mr. Povey agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Povey the lump sum of $101,835.89.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00377-0
Date issued/filed: 2024-04-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/06/2024) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00377-UNJ Document 37 Filed 04/08/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-377V
JASON POVEY, Chief Special Master Corcoran
Petitioner, Filed: March 6, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner.
Madylan L. Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Jason Povey 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 Table left shoulder injury related to
vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on
November 4, 2020. Petition at ¶¶ 1-6. Petitioner further alleges he suffered a SIRVA
within forty-eight hours after the administration of his flu vaccination and that his continued
shoulder problems are a sequela of his SIRVA injury, that his SIRVA persisted for more
than six months, that the vaccination was administered in within the United States, and
that neither he, nor any other party, has every filed any action or received compensation
in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1-
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 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-00377-UNJ Document 37 Filed 04/08/24 Page 2 of 2
2 5. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On February 29, 2024, 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 states that petitioner 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 petitioner’s shoulder pain Id. at 5. Respondent further agrees that petitioner
suffered the residual effects of his condition for more than six months and therefore,
based on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act. Id. at 6.
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-00377-1
Date issued/filed: 2024-09-24
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/20/2024) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:21-vv-00377-UNJ Document 50 Filed 09/24/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-377V
JASON POVEY, Chief Special Master Corcoran
Petitioner, Filed: August 20, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner.
Madylan L. Yarc, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Jason Povey 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 left shoulder injury related to vaccine
administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on November 4,
2020. Petition at ¶¶ 1-6. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 6, 2024, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On August 16, 2024, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $101,835.89,
representing $90,000.00 for pain and suffering and $11,835.89 for lost wages. Proffer at
1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-00377-UNJ Document 50 Filed 09/24/24 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 $101,835.89 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-00377-UNJ Document 50 Filed 09/24/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JASON POVEY,
Petitioner, No. 21-0377V
Chief Special Master Brian H. Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 13, 2021, Jason Povey (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine he received on November 4, 2020. Petition at 1. On February 29, 2024, 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 a SIRVA Table injury, and on
March 6, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF Nos. 32, 34.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00377-UNJ Document 50 Filed 09/24/24 Page 4 of 5
B. Lost Wages
Evidence supplied by petitioner documents that he incurred past lost wages related to his
vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in
the amount of $11,835.89. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. 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 $101,835.89, in the form of
a check payable to petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Jason Povey: $101,835.89
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
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,
unreimbursed expenses, future lost earnings and future pain and suffering.
2

Case 1:21-vv-00377-UNJ Document 50 Filed 09/24/24 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Madylan L. Yarc
MADYLAN L. YARC
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 742-6376
Madylan.L.Yarc@usdoj.gov
DATED: August 16, 2024
3