VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00946
Package ID: USCOURTS-cofc-1_21-vv-00946
Petitioner: Clemmie L. Johnson
Filed: 2021-02-18
Decided: 2023-10-31
Vaccine: influenza
Vaccination date: 2020-01-23
Condition: left shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Clemmie L. Johnson, an adult, received an influenza vaccination on January 23, 2020. Within 48 hours, he developed left shoulder pain and was diagnosed with Shoulder Injury Related to Vaccine Administration (SIRVA). He filed a petition for compensation under the National Vaccine Injury Compensation Program on February 18, 2021, alleging the injury was a Table injury. The respondent conceded that Mr. Johnson's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had no prior history of shoulder issues. The respondent also agreed that the injury's residual effects lasted for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Mr. Johnson entitled to compensation. Subsequently, the parties stipulated to an award of $60,000.00 for pain and suffering. The court issued a decision awarding this lump sum payment to Mr. Johnson.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00946-0
Date issued/filed: 2023-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/28/2023) regarding 35 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00946-UNJ Document 44 Filed 10/27/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-946V
CLEMMIE L. JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: August 28, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 18, 2021, Clemmie L. Johnson 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 left shoulder injuries related to vaccine
administration (SIRVA) resulting from an influenza (flu) vaccination he received on
January 23, 2020. Petition at 1. Petitioner further alleges that the vaccination was
administered within the United States, he suffered the residual effects of his SIRVA for
more than six months, and neither he, nor anyone else on his behalf has previously
collected an award or settlement of a civil action for damages and no previous civil action
has been filed in this matter. Petition at 1, 9-10. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 Because this Ruling 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 Ruling 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-00946-UNJ Document 44 Filed 10/27/23 Page 2 of 2
On August 8, 2023, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Respondent concluded that “[P]etitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table.” Id. at 5. Specifically, Respondent determined that
“[P]etitioner had no history of pain, inflammation, or dysfunction of his left shoulder prior
to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination;
pain was limited to the shoulder in which the vaccine was administered; and no other
condition or abnormality has been identified to explain [P]etitioner’s shoulder pain.” Id.
Respondent further agrees that Petitioner suffered the residual effects of his injury for
more than six months. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00946-1
Date issued/filed: 2023-10-31
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/29/2023) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00946-UNJ Document 45 Filed 10/31/23 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-946V
CLEMMIE L. JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: August 29, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 18, 2021, Clemmie L. Johnson 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 left shoulder injuries related to vaccine
administration (SIRVA) resulting from an influenza (flu) vaccination he received on
January 23, 2020. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On August 28, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On August 28, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00 in pain and
suffering. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with
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-00946-UNJ Document 45 Filed 10/31/23 Page 2 of 5
the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $60,000.00 in the form of a check payable to Petitioner. This amount
represents compensation for all damages that would be available under Section 15(a).
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-00946-UNJ Document 45 Filed 10/31/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CLEMMIE L. JOHNSON,
Petitioner,
v. No. 21-946V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 18, 2021, Clemmie Johnson (“petitioner”) filed a petition for
compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34, as amended. He alleges that he sustained a Shoulder Injury Related to
Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, within the Table
time period following administration of an influenza vaccine he received on January 23, 2020.
See Petition at 1. On August 8, 2023, respondent filed his Vaccine Rule 4(c) report, indicating
that this case is appropriate for compensation under the terms of the Act for a SIRVA Table
injury. ECF No. 33. On August 28, 2023, the Chief Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for a SIRVA Table injury.
ECF No. 35.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address
after the Damages Decision is issued.

Case 1:21-vv-00946-UNJ Document 45 Filed 10/31/23 Page 4 of 5
II. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through
a lump sum payment as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following2: a lump sum payment of $60,000.00, in the
form of a check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Clemmie Johnson: $60,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future pain
and suffering.

Case 1:21-vv-00946-UNJ Document 45 Filed 10/31/23 Page 5 of 5
/s/ Tyler C. King
TYLER C. KING
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-0730
Tyler.King@usdoj.gov
Dated: August 28, 2023