VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00535
Package ID: USCOURTS-cofc-1_21-vv-00535
Petitioner: Freddie Roland
Filed: 2021-01-11
Decided: 2024-07-26
Vaccine: influenza
Vaccination date: 2020-01-28
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 13000

AI-assisted case summary:
Freddie Roland filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on January 28, 2020. The petition was filed on January 11, 2021, and later amended. Respondent denied that the flu vaccine caused Mr. Roland's injury but, the parties reached a joint stipulation for compensation. The stipulation stated that the flu vaccine is on the Vaccine Injury Table and that Mr. Roland's symptoms lasted for more than six months. The parties agreed to settle the case, and the court adopted the stipulation as its decision awarding damages. Mr. Roland was awarded a lump sum of $13,000.00 as compensation for all items of damages available under the program. This award represents a compromise of the parties' respective positions on liability and damages.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00535-0
Date issued/filed: 2024-07-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/25/2024) regarding 44 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00535-UNJ Document 49 Filed 07/26/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0535V
FREDDIE ROLAND, Chief Special Master Corcoran
Petitioner, Filed: June 25, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021, Freddie Roland filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On September 8, 2022, Petitioner filed an amended petition. Petitioner
alleges that hesufferedaright shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza (“flu”) vaccine received on January 28, 2020. Amended
Petition at 1; Stipulation, filed June 25, 2024, at ¶¶ 2-4. Petitioner further alleges that the
flu vaccine was administered in the United States, his symptoms lasted for more than six
months, and neither Petitioner, nor any other party, has ever filed any action, or received
compensation in the form of an award or settlement, for Petitioner’s vaccine-related injury.
Amended Petition at ¶¶ 2, 10-12; Stipulation at ¶¶ 3-5. “Respondent denies that the flu
vaccine caused petitioner to suffer a right shoulder injury or any other injury or his current
condition and denies that petitioner sustained a SIRVA Table injury.” Stipulation at ¶ 6.
1Because 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.
2National 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-00535-UNJ Document 49 Filed 07/26/24 Page 2 of 7
Nevertheless, on June 25, 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 $13,000.00 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-00535-UNJ Document 49 Filed 07/26/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
FREDDIE ROLAND, )
)
Petitioner, )
) No. 21-535V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
_______________
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Freddie Roland, 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 influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on January 28, 2020.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he sustained a Shoulder Injury Related to Vaccine
Administration ("SIRVA") as defined in the Table; he further alleges that the flu vaccine caused
his alleged shoulder injury, and that he suffered the residual effects of his 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 his condition.

Case 1:21-vv-00535-UNJ Document 49 Filed 07/26/24 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner to suffer a right shoulder
injury or any other injury or his current condition and denies that petitioner sustained a SIRVA
Table 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 of judgment 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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $13,000.00 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-15(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-2 l(a)( 1) , 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.
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
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 (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-00535-UNJ Document 49 Filed 07/26/24 Page 5 of 7
11. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
I S(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 attomeys' 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for tbe 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 Injury Compensation
Program, 42 U.S.C. § 300aa-l O 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 January 28, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 11, 2021,
in the Uoited States Court of Federal Claims as petition No. 21-535V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:21-vv-00535-UNJ Document 49 Filed 07/26/24 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 confonnity with a
decision that is in complete confonnity with the tenns 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 shoulder injury, or any other injury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
I
I
I
I
I
I
4

Case 1:21-vv-00535-UNJ Document 49 Filed 07/26/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
FREDDIE ROLAND
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
...-44 ,d;rl.µ ~t'-t..uJ-1N\-
HEATHER L. PEARLMAN
ouns I fi etitioner Deputy Director
MULLER BRAZIL Torts Branch, Civil Division
715 Twinning Road, Suite 208 U.S. Department of Justice
Dresher, PA 19025 P.O. Box 146
Phone: (215) 885-1655 Benjamin Franklin Station
Email: bridget@mullerbrazil.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
S.
Jeffrey Digitally signed by
Jeffrey S. Beach -S
B h S Date: 2024,06.03
eac - . 13:s1:39--04'00' for dittHL~
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Phone: (202) 616-3667
5600 Fishers Lane, 08W-25A Email: lynn.schlie@usdoj.gov
Rockville, MD 20857
uI J .4 \ ;o~
Dated:
5