VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00543
Package ID: USCOURTS-cofc-1_21-vv-00543
Petitioner: Frederick Singer
Filed: 2021-01-11
Decided: 2021-08-18
Vaccine: influenza
Vaccination date: 2019-11-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Frederick Singer filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 8, 2019. He did not provide detailed symptoms or medical treatment in his initial petition, only an affidavit. The court ordered him to submit all statutorily required documents, including medical records, and granted him three extensions. However, Mr. Singer failed to comply with the order. On July 16, 2021, he filed a motion to dismiss his petition, stating he could not demonstrate six months of sequelae. To receive compensation, a petitioner must prove a Table Injury or that the vaccine caused the injury. For a Table Injury like SIRVA, proof of at least six months of effects or resulting hospitalization and surgery is required. Mr. Singer admitted he could not prove the six-month requirement. Therefore, the court granted his motion, dismissing the case for insufficient proof.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00543-0
Date issued/filed: 2021-08-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/19/2021) regarding 11 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:21-vv-00543-UNJ Document 15 Filed 08/18/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-543V
UNPUBLISHED
FREDERICK SINGER,
Chief Special Master Corcoran
Petitioner,
v.
Filed: July 19, 2021
SECRETARY OF HEALTH AND
HUMAN SERVICES, Motion for decision; Dismissal;
Influenza (Flu) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 11, 2021, Frederick Singer filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through
34,2 (the “Vaccine Act”). Mr. Singer alleged that he suffered a shoulder injury related to
vaccine administration (“SIRVA”) from an influenza vaccine he received on November 8,
2019. ECF no. 1.
On July 16, 2021, Mr. Singer filed a motion for a decision dismissing his petition.
ECF no. 9. For the reasons set forth below, Mr. Singer’s motion is GRANTED, and this
case is DISMISSED.
In his petition, Mr. Singer alleged that that he received an influenza vaccination
but did not otherwise detail any of his symptoms or medical treatment. ECF No. 1. Aside
1 Although I have not formally designated this Decision for publication, I am required to post it on the United
States Court of Federal Claims' website because it contains a reasoned explanation for the action in this
case, 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00543-UNJ Document 15 Filed 08/18/21 Page 2 of 2
from an affidavit, Mr. Singer did not submit any medical records or other supporting
documentation with the petition.
The February 3, 2021 PAR Initial Order required Mr. Singer to file all the
statutorily required documents, including medical records supporting the vaccination,
pre-vaccination treatment, and post-vaccination treatment. ECF No. 5. Mr. Singer
received three extensions of time but did not file any document to comply with the PAR
Initial Order.
On July 16, 2021, Mr. Singer filed a motion for a decision dismissing his petition
stating that “After a review of relevant medical records, Petitioner is unable to
demonstrate six (6) months of sequelae.” ECF No. 10.
To receive compensation under the National Vaccine Injury Compensation
Program, a petitioner must prove either 1) that the vaccinee suffered a “Table Injury” –
i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the
vaccinations, or 2) that the vaccinee suffered an injury that was actually caused by a
vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Mr. Singer alleged that he sustained
a SIRVA Table Injury.
Under the Vaccine Act, a petitioner may not receive compensation based solely
on the petitioner’s claims alone. Rather, the petition must be supported by either
medical records or by the opinion of a competent physician. § 300aa—13(a)(1). For a
Table Injury, among other requirements, a petitioner must establish with supporting
documentation that he received a covered vaccine, that he sustained a covered injury,
and that he either suffered the effects of this injury for at least six months or the injury
resulted in inpatient hospitalization and surgical intervention. § 300aa—11(c)(1). Mr.
Singer has not established any of these preliminary requirements. Moreover, Mr. Singer
admitted in his motion for a decision that he will not be able to prove he suffered the
alleged injury for at least six months.
Thus, Petitioner has failed to establish entitlement to compensation in the Vaccine
Program. 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 If Petitioner wishes to bring a civil action, he must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
2