VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00417
Package ID: USCOURTS-cofc-1_21-vv-00417
Petitioner: Peter Gabriel
Filed: 2021-01-08
Decided: 2023-02-09
Vaccine: influenza
Vaccination date: 2020-09-22
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: denied
Award amount USD: 

AI-assisted case summary:
Peter Gabriel filed a petition alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on September 22, 2020. He contended that his injury lasted more than six months, a requirement for compensation under the National Vaccine Injury Compensation Program. Respondent noted deficiencies in the medical records, specifically that they did not support a finding of residual effects lasting more than six months. The court directed Petitioner to provide additional evidence, but he subsequently moved to dismiss his own petition. Gabriel acknowledged he could not provide the necessary evidence to prove the six-month severity requirement and stated he would be unable to prove entitlement to compensation. He understood that a dismissal would result in a judgment against him and intended to elect to file a civil action instead. The court found that the record lacked sufficient evidence to demonstrate the alleged SIRVA injury persisted for more than six months. Consequently, the court denied Petitioner's claim for compensation and dismissed the case for insufficient proof.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00417-0
Date issued/filed: 2023-02-09
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 12/16/2022) regarding 22 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00417-UNJ Document 26 Filed 02/09/23 Page 1 of 3
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0417V
UNPUBLISHED
PETER GABRIEL, Chief Special Master Corcoran
Petitioner, Filed: December 16, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Petitioner’s Motion for a Decision
HUMAN SERVICES, Dismissing the Petition; Statutory
Six-Month Requirement; Insufficient
Respondent. Evidence; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Administration (SIRVA)
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 8, 2021, Peter Gabriel 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 alleged that he suffered a left shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving the influenza (“flu”)
vaccine on September 22, 2020. Petition at 1, ¶ 2. In particular, he contended that his
“left shoulder injuries and sequelae, lasted more than six (6) months).” Id. at ¶ 4.
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-00417-UNJ Document 26 Filed 02/09/23 Page 2 of 3
On May 9, 2022, Respondent filed a status report identifying multiple deficiencies
identified by Respondent’s counsel. ECF No. 18. In particular, Respondent asserted that
“Petitioner’s medical records do no [sic] support a finding that [P]etitioner suffered residual
effects or complications of his alleged injury for more than six months.” Id. at 1.
After concluding that, based upon the record as it currently stood, I could not find
that Petitioner provided sufficient evidence to meet the Vaccine Act’s six-month severity
requirement, I directed Petitioner to provide the additional evidence to address the
deficiencies identified by Respondent. ECF No. 19; see Section 11(c)(1)(D)(i) (Vaccine
Act’s severity requirement).
On September 19, 2022, Petitioner moved for a decision dismissing his petition.
ECF No. 21. In the motion, Petitioner acknowledged that he “is unable to provide
additional evidence that his left shoulder pain persisted for longer than 6 months, and
will therefore be unable to prove that he is entitled to compensation in the Vaccine
Program.” Id. at ¶ 2. Petitioner added that “to proceed any further would be unreasonable
and would waste the resources of the Court, the [R]espondent, and the Vaccine
Program.” Id. at ¶ 3. Petitioner expressed his understanding that “a decision by the
Special Master dismissing his Petition will result in a judgment against him . . . [and] will
end all of his rights in the Vaccine Program.” Id. at ¶ 3. He indicated that he “intends to
elect to reject the Vaccine Program judgment against him and elect to file a civil action.”
Id. at ¶ 4.
To receive compensation under the Program, a petitioner must prove that he
received a vaccine covered by the Vaccine Program and then suffered either 1) a “Table
Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to a covered
vaccine, or 2) an injury that was actually caused by a covered vaccine, a “non-Table
claim.” See Sections 13(a)(1)(A) and 11(c)(1). Additionally, for either a Table or non-Table
claim, a petitioner must establish that he suffered the residual effects of his injury for more
than six months post-vaccination, died from the administration of the vaccine, or suffered
an injury which required an inpatient hospitalization and surgical intervention. Section
11(c)(1)(D)(i). Under the Vaccine Act, a petitioner may not be awarded compensation
based on the petitioner’s claims alone. Rather, the petition must be supported by either
the medical records or by a medical opinion. Section 13(a)(1).
In this case, the record does not contain medical records or a medical opinion
sufficient to demonstrate that Petitioner suffered the residual effects of his alleged SIRVA
injury for more than six months. For these reasons, and in accordance with Section
2

Case 1:21-vv-00417-UNJ Document 26 Filed 02/09/23 Page 3 of 3
12(d)(3)(A), Petitioner’s claim for compensation is DENIED and this case is
DISMISSED for insufficient proof. The Clerk shall enter judgment accordingly.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.
3