VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00611
Package ID: USCOURTS-cofc-1_21-vv-00611
Petitioner: Salvadore Foti
Filed: 2021-01-12
Decided: 2024-01-02
Vaccine: influenza
Vaccination date: 2019-12-16
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 38500

AI-assisted case summary:
Salvadore Foti filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following influenza and pneumococcal vaccinations he received on December 16, 2019. He further alleged his symptoms persisted for longer than six months. The respondent denied that Mr. Foti suffered from SIRVA or that the vaccines caused his alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr. Foti a lump sum of $38,500.00. This amount represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties agreed to settle the matter through this stipulation. The stipulation also addressed future proceedings for attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00611-0
Date issued/filed: 2024-01-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/01/2023) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. (Main Document 38 replaced on 1/3/2024) (sw).
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Case 1:21-vv-00611-UNJ Document 38 Filed 01/02/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0611V
SALVADORE FOTI, Chief Special Master Corcoran
Petitioner, Filed: December 1, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 12, 2021, Salvadore Foti 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”) following influenza and pneumococcal vaccinations he received
on December 16, 2019. Petition at 1; Stipulation, filed at November 30, 2023, ¶¶ 2, 4.
Petitioner further alleges his symptoms have persisted for longer than six months. Petition
at ¶ 3; Stipulation at ¶ 4. “Respondent denies “that Petitioner suffered from SIRVA; denies
that either of the vaccines caused Petitioner’s alleged shoulder injury, or any other injury;
and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
Nevertheless, on November 30, 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-00611-UNJ Document 38 Filed 01/02/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $38,500.00 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-00611-UNJ Document 38 Filed 01/02/24 Page 3 of 7
Vinesign Document ID: A8C44AD8--8329-4209-B9AB-7D757A8DB357
IN THE UNITED ST AT ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SALVADORE FOTI, )
)
Petitioner, )
) No. 21-61 IV
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES. )
)
______R_esp_ond_en_t. _______
)
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Salvadore Foti, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 et seq. (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
influenza ("flu") and pneumococcal conjugate vaccines, which vaccines are contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § I OOJ(a).
2. Petitioner received a flu vaccine in his right shoulder, and a pneumococcal conjugate
vaccine in his left shoulder, on or about December 16, 2019. 1
3. The vaccinations were administered within the United States.
4. Petitioner alleges that he suffered 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.
S. Petitioner represents that there has been no prior award or settlement of a civil action
1 However, the petition alleges that both vaccinations were administered in the right shoulder.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:21-vv-00611-UNJ Document 38 Filed 01/02/24 Page 4 of 7
for damages on his behalf as a result of his condition.
6. Respondent denies that petitioner suffered from SIRVA; denies that either of the
vaccines caused petitioner's alleged shoulder injury, or any other injury; and denies that
petitioner's current condition is a sequela ofa 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 oft his Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U. S.C. § 3OOaa-2 I (a)( I). the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $38,500.00 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. § 3OOaa-2 I (a)(I), 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. § 3O0aa-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 xrx oft he Social Security Act (42 U.S.C. §
2

Case 1:21-vv-00611-UNJ Document 38 Filed 01/02/24 Page 5 of 7
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment 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-
1.5(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 attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for petitioner's benefit 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-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 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 and/or pneumococcal conjugate vaccinations
administered on or about December 16, 2019, as alleged by petitioner in a petition for vaccine
compensation filed January 12, 2021, in the United States Court of Federal Claims as petition
No. 21-61 IV.
3

Case 1:21-vv-00611-UNJ Document 38 Filed 01/02/24 Page 6 of 7
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.
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 ofe ither party.
16. This Stipulation expresses a full and complete negotiated settlement ofliability 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 oft he parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature oft he 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 and/or pneumococcal conjugate vaccines
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-00611-UNJ Document 38 Filed 01/02/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
SALVADORE FOTI
ATTORNEY OF RECORD AUTIIORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
;r;:,O R:
i,..__---
ift14~ri~~ ~
LAURA LEVENBERG
Muller Brazil Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 U.S. Department of Justice
laura@),,mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUfflORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
He n ry P• Digitally signed by Henry
f>. Mc.mtllan -SS
Mcm,·11an -55
by Oate,:2023.11.17
-------- ]5-49;4] -05'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury ;I ial Attorney
Compensation Programs ' orts 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, OC 20044-0146
5600 Fishers Lane, 08W-25A Tel: (202) 305-2181
Rockville, MD 20857 jennif er .shah@usdoj.gov
Dated: __l l_ ._j3 _0__.,/_1.,_3_ __
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