VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00588
Package ID: USCOURTS-cofc-1_21-vv-00588
Petitioner: Michael Pearl
Filed: 2021-01-21
Decided: 2024-01-02
Vaccine: influenza
Vaccination date: 2019-12-08
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 72000

AI-assisted case summary:
Michael Pearl filed a petition for compensation under the National Vaccine Injury Compensation Program on January 21, 2021. He alleged that he sustained a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 8, 2019, and that his symptoms persisted for longer than six months. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 21, 2023, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The decision awards Michael Pearl a lump sum of $72,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to further proceedings for attorneys' fees and costs. The case proceeded as a Table claim. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice. The decision was issued on January 2, 2024.

Theory of causation field:
Michael Pearl filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 8, 2019, with symptoms persisting for over six months. The respondent denied a SIRVA Table injury, causation, or sequela. The parties stipulated to settle the case, and Chief Special Master Brian H. Corcoran adopted the stipulation. An award of $72,000.00 was made as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The case was treated as a Table claim. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP) and respondent by Joseph Adam Lewis (U.S. Department of Justice). The decision was issued on January 2, 2024, based on a stipulation filed November 21, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00588-0
Date issued/filed: 2024-01-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/27/2023) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00588-UNJ Document 40 Filed 01/02/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0588V
MICHAEL PEARL, Chief Special Master Corcoran
Petitioner, Filed: November 27, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 21, 2021, Michael Pearl 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 left shoulder injury related to vaccine
administration (“SIRVA”) following an influenza vaccination he received on December 8,
2019. Petition at 1; Stipulation, filed at November 21, 2023, ¶¶ 2, 4. Petitioner further
alleges that his left shoulder symptoms persisted for longer than six months. Petition at ¶
10; Stipulation at ¶ 4. “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.” Stipulation
at ¶ 6.
Nevertheless, on November 21, 2023, 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.
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-00588-UNJ Document 40 Filed 01/02/24 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $72,000.00 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-00588-UNJ Document 40 Filed 01/02/24 Page 3 of 8
Vinesign Document ID: 099A7223-F84E-493D-BF7F-OAB21E01E073
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL PEARL.
Petitioner, No. 2J-588V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Michael Pearl ("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 vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on December 8, 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.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:21-vv-00588-UNJ Document 40 Filed 01/02/24 Page 4 of 8
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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $72,000.00 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 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-2l{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.
I 0. 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-l 5(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-00588-UNJ Document 40 Filed 01/02/24 Page 5 of 8
11. Payment 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 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(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 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 December 8, 2019, as
alleged in a petition for vaccine compensation filed on or about January 12, 2021, in the United
States Court of Federal Claims as petition No. 21-588V.
I 4. 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-00588-UNJ Document 40 Filed 01/02/24 Page 6 of 8
15. If the special master fails to issue a decision in complete confonnity 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 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-00588-UNJ Document 40 Filed 01/02/24 Page 7 of 8
Respectfully submitted,
PETmONER:
MICHAEL PEARL
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
01/h::-
~titmt1~9~~~
AMY A. SENERTH
MULLER BRAZIL Deputy Director
715 Twinning Road, Ste. 208A Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
amy@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
He nry P• Digitally signed by
HeruyP.Mcmlllan•SS
by Mcmillan -SS ~~,:~.~6
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury
Compensation Programs
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
joseph.a. lewis@usdoj.gov
5

Case 1:21-vv-00588-UNJ Document 40 Filed 01/02/24 Page 8 of 8
Vinesign
~ Verification Complete
Tilt' \Jucwnent n.-.-. bet:n 0U,::1<11ly vr:-11fied
Document Status ~ Signed & Verified
Document Name Stipulation • Pearl
SenderNam• Muller Brazil
Document Key 099A7223-F84E-4930-8F71'-0A821 E01 E073
Reclplll!llt 1 IP Address Slgn.iture
Micheal Pearl 68.10.148.174 'Y'1€ lQ
mpacme@ilol.com
(757) 439-1320
Order 1
Document History
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11/09/2023 22.-07 UTC Micheal Pearl Signed by Micheal Pearl ((757) 439-1320)
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11/09/2023 22:07 UTC
11/09/2023 22:02 UTC Micheal Pearl Viewed by Micheal Pearl ((757) 43~1320)
Oorument Viewed
11/09/2023 18:11 UTC Mleheal Pearl Sent ouc via email to Micheal Pearl (mpacme@aol.com)
Document Sent
11/09/2023 18:11 UTC Micheal Pearl Sent out via t•xt to Micheal Pearl ((757) 439-1320)
Docum•nt Sent
I 11109/2023 18:11 UTC Created by Muller Br;nU (mcdlcalrecords@my.racclnela...yer.com)
Document Created