VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00432
Package ID: USCOURTS-cofc-1_21-vv-00432
Petitioner: Robert Wimmer
Filed: 2021-01-08
Decided: 2024-10-15
Vaccine: influenza
Vaccination date: 2020-11-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 29800

AI-assisted case summary:
Robert Wimmer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on November 9, 2020. He further alleged that his injuries lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Wimmer's alleged SIRVA or any other injuries. Despite these positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Mr. Wimmer a lump sum of $29,800.00. This amount represents compensation for all items of damages available under the program. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The decision was issued on October 15, 2024, following the stipulation filed on September 9, 2024, and the petition filed on January 8, 2021.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00432-0
Date issued/filed: 2024-10-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/09/2024) regarding 46 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00432-UNJ Document 50 Filed 10/15/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0432V
ROBERT WIMMER, Chief Special Master Corcoran
Petitioner,
v. Filed: September 9, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Robert Wimmer 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”) that was caused. Petition at 1; Stipulation, filed at September 9,
2024, ¶¶ 1-4. Petitioner further alleges that his injuries lasted for more than six months.
Petition at 2; Stipulation at ¶4. “Respondent denies that the flu vaccine petitioner’s alleged
SIRVA or any other injuries or conditions; and denies that the flu vaccine caused
petitioner’s current condition or disabilities.” Stipulation at ¶ 6.
Nevertheless, on September 9, 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.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
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-00432-UNJ Document 50 Filed 10/15/24 Page 2 of 7
A lump sum of $29,800.00, 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-00432-UNJ Document 50 Filed 10/15/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERT WIMMER,
Petitioner, No. 21-432V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Robert Wimmer ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an intluenza ("flu") vaccine, which is a vaccine that is contained in the Vaccine Injury Table
(the "Table,,), 42 C.F.R. § I 00.3(a)
2. Petitioner received a flu vaccine on November 9, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered a shoulder injury related to vaccine administration
("S [RV A") that was caused by the flu vaccine. Petitioner further alleges that he suffered the
residual effects of the alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of the alleged injury.

Case 1:21-vv-00432-UNJ Document 50 Filed 10/15/24 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner's alleged SIRVA or any other
injuries or conditions; and denies that the flu vaccine caused petitioner's current condition or
disabilities.
7. Maintaining their above-stated positions, the parties nevenheless 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-2l(a)(t), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $29,800.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-t S(a).
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-21(a)(l}, 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.
I0 . 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,
Federal or State health benefits programs (o ther than Title XIX of the Social Security Act (4 2
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:21-vv-00432-UNJ Document 50 Filed 10/15/24 Page 5 of 7
I 1. Payments 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. The parties and their attorneys further agree and stipulate that, except for any award
for attorney'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 42 U. S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of his 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-10 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 petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on November 9, 2020, as
alleged in a petition for vaccine compensation filed on or about January 8, 2021, in the United
States Court of Federal Claims as petition No. 21-432V.
14. If petitioner should die prior to entry ofj udgment, this agreement shat I be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:21-vv-00432-UNJ Document 50 Filed 10/15/24 Page 6 of 7
15. 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 conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. 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.
17. 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 or significantly aggravated
petitioner's alleged SIRVA or any other injuries or conditions; and denies that the flu vaccine
caused petitioner's current condition or disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:21-vv-00432-UNJ Document 50 Filed 10/15/24 Page 7 of 7
Respectfully submitted,
IONER:
LU
ATI'ORNEYOFRECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATI'ORNEY GENERAL:
·~\iQe,.~
HEA'IHER L. PEARLMAN
Jeffrey S. Pop & Associates Deputy Director
9150 Wilshire Blvd., Suite 241 Torts Branch
Beverly Hills, CA 90212 Civil Division
Tel: (310)273-5462 U.S. Department of Justice
jpop@poplawyer.com P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFBEALTH RESPONDENT:
AND HUMAN SERVICES:
9!"
effrey $.
J Oi91t1lly signed by
Jeffrey S. Beach .5
Be ac h -S Date: 2024.08.22 for 1n
01:43:31-04'00'
CAPT GEORGE REED GRIMES, MD, MPH J~~ fITLES
Director, Division ofI nJwy Tri Attomey
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
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 Tel: (202) 305-4014
Rockville, MD 20857 Email: jamica.m.littles@usdoj.gov
g/ 9 /
J~
Dated:
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