VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00406
Package ID: USCOURTS-cofc-1_21-vv-00406
Petitioner: Charles Meyers
Filed: 2021-01-08
Decided: 2023-05-24
Vaccine: influenza
Vaccination date: 2019-12-31
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Charles Meyers filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of an influenza vaccination on December 31, 2019. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Mr. Meyers satisfied the criteria for SIRVA on the Vaccine Injury Table. The respondent also confirmed that the case was timely filed, the vaccination occurred in the United States, the injury had residual effects for more than six months, and there was no unrelated factor that was a more likely cause of the injury. Following the ruling on entitlement, the parties were unable to informally resolve the issue of damages. After a hearing on April 21, 2023, the Chief Special Master awarded Mr. Meyers $75,000.00 for pain and suffering. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00406-0
Date issued/filed: 2022-11-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/28/2022) regarding 34 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00406-UNJ Document 36 Filed 11/28/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-406V
UNPUBLISHED
CHARLES MEYERS, Chief Special Master Corcoran
Petitioner, Filed: October 28, 2022
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)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Charles Meyers 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 injury – Shoulder Injury Related
to Vaccine Administration (SIRVA) – as a result of an influneza (“flu”) vaccination on
December 31, 2019. 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 there has been no prior award or settlement of a civil action on his
behalf as a result of his injury. See Petition at ¶¶ 3, 6, 8. 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-00406-UNJ Document 36 Filed 11/28/22 Page 2 of 2
On October 25, 2022, 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 indicates that
[m]edical personnel at the Division of Injury Compensation Programs
(“DICP”), Department of Health and Human Services, have reviewed the
petition and medical records filed in this case. It is respondent’s position that
petitioner has satisfied the criteria set forth in the Table and the
Qualifications and Aids to Interpretation (“QAI”) for SIRVA.
Id. at 6-7 (citing 42 C.F.R. § 100.3(a), (c)(10)). Respondent further agrees that the
records also show that this case was timely filed (42 U.S.C. § 300aa-16),
that petitioner received his vaccination in the United States (42 U.S.C. §
300aa-11(c)(1)(B)(i)(Ι)), that petitioner satisfies the statutory severity
requirement by suffering the residual effects or complications of his injury
for more than six months after vaccine administration (42 U.S.C. § 300aa-
11(c)(1)(D)(i)), and that there is no evidence of a factor unrelated that is a
more likely cause of petitioner’s injury (42 U.S.C. § 300aa-13(a)(1)(B)).
Petitioner avers that no civil action or proceedings have been pursued in
connection with her vaccine-related injury. Pet. at 2. Thus, in light of the
information contained in petitioner’s medical records and the Petition,
respondent concedes that entitlement to compensation is appropriate under
the terms of the Vaccine Act.
Id. at 7.
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-00406-1
Date issued/filed: 2023-05-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/24/2023) regarding 47 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00406-UNJ Document 55 Filed 05/24/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-406V
UNPUBLISHED
CHARLES MEYERS, Chief Special Master Corcoran
Petitioner, Filed: April 24, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Decision Awarding Damages; Pain
HUMAN SERVICES, and Suffering; Influenza (Flu)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Charles Meyers 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 he suffered a Table injury – Shoulder Injury Related to
Vaccine Administration (SIRVA) – as a result of an influneza (“flu”) vaccination on
December 31, 2019. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters. On October 28, 2022, a ruling on entitlement was issued,
finding Petitioner entitled to compensation for SIRVA. ECF No. 34. Because the parties
could not informally resolve the issue of damages, they filed briefs setting forth their
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-00406-UNJ Document 55 Filed 05/24/23 Page 2 of 2
respective arguments and were notified that I would resolve this dispute via an expedited
“Motions Day” hearing, which ultimately took place on April 21, 2023.
Petitioner seeks an award of $85,000.00 in compensation for Petitioner’s actual
pain and suffering. Respondent recommends an award of $57,500.00.
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the April 21, 2023 hearing. An official recording of the proceeding
was taken by a court reporter, although a transcript has not yet been filed in this matter. I
hereby fully adopt and incorporate that oral ruling as officially recorded. In another recent
decision I discussed at length the legal standard to be considered in determining
damages and prior SIRVA compensation within SPU. I fully adopt and hereby incorporate
my prior discussion in Sections II and III of Knasel v. Sec’y Health & Hum. Servs., No. 20-
1366V, 2023 WL 2547961, at *1-4 (Fed. Cl. Feb. 14, 2023) to the instant ruling and
decision. Additionally, the official recording of my oral ruling includes my discussion of
various comparable cases as well as specific facts relating to Petitioner’s medical history
and experience that further informed my damages determination.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $75,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering.3 Accordingly, I award a lump sum payment of $75,000.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
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