VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00997
Package ID: USCOURTS-cofc-1_21-vv-00997
Petitioner: Steve Marshall
Filed: 2021-02-26
Decided: 2023-09-25
Vaccine: influenza
Vaccination date: 2018-09-24
Condition: Parsonage-Aldren-Turner syndrome, brachial plexopathy, and incomplete rotator cuff tear or rupture of the right shoulder
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Steve Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program on February 26, 2021, alleging injuries from an influenza vaccine he received on September 24, 2018. He claimed that the vaccine caused or significantly aggravated Parsonage-Aldren-Turner syndrome, brachial plexopathy, and an incomplete rotator cuff tear or rupture of his right shoulder, with residual effects lasting over six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated these conditions. Despite the denial, the parties reached a joint stipulation for settlement. The court adopted the stipulation, awarding Mr. Marshall a lump sum of $140,000.00 as compensation for all damages available under the program. This case was treated as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table. The decision was issued on September 25, 2023, concluding the case through a negotiated settlement.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00997-0
Date issued/filed: 2023-09-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/21/2023) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00997-UNJ Document 44 Filed 09/25/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-997V
STEVE MARSHALL, Chief Special Master Corcoran
Petitioner,
v. Filed: August 21, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for
Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 26, 2021, Steve Marshall 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 received an influenza (“flu”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on September 24, 2018.
Petitioner alleges that he suffered “Parsonage-Aldren-Turner syndrome, brachial
plexopathy, and incomplete rotator cuff tear or rupture of the right shoulder” that were
either caused-in-fact or significantly aggravated by the flu vaccine. Petitioner further
alleges that he experienced the residual effects of the alleged injuries for more than six
months.
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 (2012).

Case 1:21-vv-00997-UNJ Document 44 Filed 09/25/23 Page 2 of 7
Respondent denies that the flu vaccine caused or significantly aggravated
Petitioner’s alleged shoulder injuries or any other injuries or conditions; and denies that
the flu vaccine caused Petitioner’s current condition or disabilities.
Nevertheless, on August 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.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $140,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all items of damages that would be available
under Section 15(a). Stipulation at ¶ 8.
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-00997-UNJ Document 44 Filed 09/25/23 Page 3 of 7
lN THE UNITED STATES COURT OF FEDERAL CLAIMS
OfflCE OF SPECIAL MASTERS
STEVE MARSHALL,
Petmoner, No. 21-997V
.Chief Special Master Corcoran
v. • ECP
SECRETARY OF HEAL TI1 AND
HUMAN SERVICES,
Respondent
SIIPULATIQN
The parties hereby stipulate to the following matters:
I . Steve MarshaJI ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injwy Compensation Program. 42 U.S.C. § 300aa-l0 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 that is contained in the Vaccine Jnjwy Table
(the ''Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on Sept.ember 24, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered "Parsonage-Aldrcn-Tumer syndrome, brachia!
plexopathy and incomplete rotator.cuff tear or rupture of the right shoulder" that were either
caused-in-fact by or significantly aggravated by the flu vaccine. Petitioner further alleges that he
suffered the residual effects of1he alleged injuries for more than six months.
S. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result oft he alleged injuries.

Case 1:21-vv-00997-UNJ Document 44 Filed 09/25/23 Page 4 of 7
6. Respondent denies that the flu vaccine caused or significantly aggravated petitioner's
alleged shoulder injuries or any other injuries or conditions; and denies that the flu vacoine
caused petitioner's current condition or disabilities.
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 tenns 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 for all damages that would be available under 42
U.S.C. § 300aa-15(a):
A lump sum ofS140,000.00 in the form of a check payable to petitioner.
9. As soon as practicabtc 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)(I). and an application, the parties will submit to further proocedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and petitioner's 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-1 S(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 tlW1 Title XIX oftbe 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-00997-UNJ Document 44 Filed 09/25/23 Page 5 of 7
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, ind 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 of4 2 U.S.C. § 300aa-15(a) and {d), and subject to the conditions of 42 U.S.C.
§ 300aa-IS(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns.
docs forever irrevocably and unconditionally n:lease, 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 September 24, 2018,
as alleged in a petition for vaccine compensation filed on or about February 26, 2021, in the
United States Court of Federal Claims as petition No. 21-997V.
14. If petitioner should die prior to entry ofj udgment. this agreement shall be voidable
upon proper notice to the Court on behalf ofe ither or both ofd ie parties.
3

Case 1:21-vv-00997-UNJ Document 44 Filed 09/25/23 Page 6 of 7
15. If the special masta' fails to issue a decision in complete confonnity with 1hc terms
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' ~spective 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 injuries or any other injuries or conditions; and denies that the flu
vaccine caused petitioncr•s current condition or disabilities.
18. All rights and obligations of pethioner hereunder shall apply equally to petitioner's
heirs, executon, administrators, sua:essors, and/or assigns.
END OF STIPULATION

Case 1:21-vv-00997-UNJ Document 44 Filed 09/25/23 Page 7 of 7
Respectfully submitted.
PETITIONER:
Steve Marshall
E-signed 2023-08-15 0l:37PM EDT
stevemattmarsh60@gmail.com
STEVE MARSHALL
A1TORNEYOFRECORD AUTHORIZED REPRESENTATIVE
,OR PETITIONER: OF THE ATfORNEY GENERAL:
~ \ b P~
MARKT. SADAK.A HEATHER L. PEARLMAN
Attorney for Petitioner Deputy Director
Sadaka Associates, LLC Tons Branch
lSS North Dean Strect,4111 Floor Civil Division
Englewood, NJ 07631 U.S.DepartmentofJustice
Tel: (201) 266-S670 P.O. Box 146
mark@sadakafinn.com Benjamin Franldin Station
Washi~ DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF TB! SECRETARY OF HEALTH RESPONDENT:
AND RUMAN SERVICES:
Henry P Dlgllal~ signed 11,HIINp ,.
• Mlftllllan,SJ
• . by Manillan -S3 1411
=.:ioao&01 ..,. .
~ J PFS ~
CDR GEORGE REED ORIMES. MD. MPH
Director. Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Depanment ofJ ustice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington. DC 20044·0146
5600 Fishers Lane, 08N 146B Tel: (202) 305-4014
Rockville, MD 20857 Email: jamica.m.littles@usdoj.gov
8 /9 = l / d:3
Dated:
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