VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00500
Package ID: USCOURTS-cofc-1_21-vv-00500
Petitioner: Cody M. Greener
Filed: 2021-01-11
Decided: 2024-03-07
Vaccine: Tdap
Vaccination date: 2019-11-07
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 33000

AI-assisted case summary:
Cody M. Greener filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine received on November 7, 2019. Mr. Greener alleged the injury affected his left shoulder for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Greener sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr. Greener was awarded a lump sum of $33,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award represents a settlement of liability and damages. The Tdap vaccine is listed on the Vaccine Injury Table. The decision was issued on March 7, 2024. Petitioner was represented by David Alexander Tierney of Rawls Law Group, and respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr. Greener, nor does it name any medical experts.

Theory of causation field:
Petitioner Cody M. Greener received a Tdap vaccine on November 7, 2019, and alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months. The respondent denied a Table injury and causation. The parties reached a joint stipulation to settle the case, agreeing to an award of $33,000.00 for all damages. The Tdap vaccine is listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. The case was filed on January 11, 2021, and the decision adopting the stipulation was issued by Chief Special Master Brian H. Corcoran on March 7, 2024. Petitioner's counsel was David Alexander Tierney, and respondent's counsel was Joseph Adam Lewis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00500-0
Date issued/filed: 2024-03-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/31/2024) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00500-UNJ Document 42 Filed 03/07/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-500V
CODY M. GREENER, Chief Special Master Corcoran
Petitioner, Filed: January 31, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021, Cody M. Greener 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”) resulting from his vaccination with tetanus, diphtheria, and
acellular pertussis vaccine administered to him on November 7, 2019. Petition at 1;
Stipulation, filed at January 26, 2024, ¶¶ 1-2. Petitioner further alleges that the vaccination
was administered within the United States, he experienced vaccine-related injury
symptoms in his left shoulder for more than six months, and neither he, nor any other
party, has ever filed any action or received compensation in the form of an award or
settlement for his vaccine-related injury. Petition at 2, 4; Stipulation at ¶¶ 3-5.
“Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the
vaccine caused [P]etitioner’s alleged shoulder injury or any other injury; and denies that
his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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-00500-UNJ Document 42 Filed 03/07/24 Page 2 of 7
Nevertheless, on January 26, 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:
A lump sum of $33,000.00 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-00500-UNJ Document 42 Filed 03/07/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CODY M. GREENER,
Petitioner, No. 21-S00V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent
STIPULATION
The parties hereby stipulate to the following matters:
1. Cody M. Greener ("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 a tetanus, diphtheria, and acellular pertu~is ("Tdap") vaccine, which vaccine is contained in
the Vaccine Injury Table (the "Table"). 42 C.F.R. § 100.3(a)
2. Petitioner received a Tdap vaccine on November 7, 2019, in his left arm.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table. He further alleges that he 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 on his behalf as a result of his alleged injury.

Case 1:21-vv-00500-UNJ Document 42 Filed 03/07/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury or any other injury; and denies that his
current condition is a sequela of a vaccine-related injury.
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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $33,000.00 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-l5(a).
9. As soon as practicable after the entry ofj udgment 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 submitto further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his 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
under42 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 (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.
2

Case 1:21-vv-00500-UNJ Document 42 Filed 03/07/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation wi11 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 unreimbursable 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-l5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
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 [njury 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 Tdap vaccination administered on November 7, 2019,
as alleged in a petition for vaccine compensation filed on or about January 11, 2021 , in the
United States Court of Federal Claims as petition No. 21-500V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:21-vv-00500-UNJ Document 42 Filed 03/07/24 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity 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 othetwise 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.
l 7. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged injury
or any other injury or his current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
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-00500-UNJ Document 42 Filed 03/07/24 Page 7 of 7
Respectfully s11bmi1tcd.
PF.TlTIONF.R:
ATTORNEY OJ.' RF.CORD FOR AUTHORIZED REPRESENTATIVE
PETITIONt:R: OFTIIF.ATIORNEY GENERAL:
~~1.!!R1e~
RAWLS LAW GROUP Deputy Director
211 Rockctts Way. Suite I 00 Torts Branch
Civil Division
Richmond, VA 23231
(804) 782-0617 U.S. Department of Justice
dticmcy@rawlslawgroup.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE A TTOR.i'JEY OF RECORD FOR
Of THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R.
0lgil.,ly ~ tir ~ A.
G11mes ·S14
Grimes -S14
0.tc2024.01.otl2,.3S:37~
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury T • Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services Administration U. S. Department of Justice
U.S. Department of Health and P.O. Box 146
Human Services Benjamin Franklin Station
5600 Fishers Lane, 08W-25A Washington, DC 20044-0146
Rockville, MD 20857 (202) 451-7495
joscph.a.lewis@usdoj.gov
JG, 1DJ. '1
Dated: ~tluat'{
5