VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01480
Package ID: USCOURTS-cofc-1_21-vv-01480
Petitioner: Steven Meharry
Filed: 2021-06-16
Decided: 2023-02-21
Vaccine: influenza
Vaccination date: 2020-09-16
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 93542

AI-assisted case summary:
Steven Meharry filed a petition for compensation under the National Vaccine Injury Compensation Program on June 16, 2021, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on September 16, 2020. The respondent conceded that Mr. Meharry satisfied the criteria for SIRVA as a Table injury, noting he had no prior history of shoulder issues, experienced onset of pain within 48 hours of vaccination, and the pain was limited to the vaccinated shoulder. The respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and the injury had residual effects for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, on February 21, 2023, a decision awarding damages was issued. The respondent proffered an award of $92,239.59 for pain and suffering and paid past unreimbursable medical expenses, plus an additional $1,302.50 for unpaid past unreimbursable medical expenses to Team Rehabilitation Physical Therapy. Mr. Meharry agreed with this proffered award, and the court awarded the total amount of $93,542.09.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01480-0
Date issued/filed: 2023-02-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/18/2023) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01480-UNJ Document 43 Filed 02/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1480V
UNPUBLISHED
STEVEN MEHARRY, Chief Special Master Corcoran
Petitioner, Filed: January 18, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 16, 2021, Steven Meharry 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”) as a result of receiving an influenza (“flu”) vaccine on September
16, 2020. Petition at 1. Petitioner further alleges the vaccine was administered within the
United States, that he suffered the residual effects of his injury for more than six months,
and that there has been no prior award or settlement of a civil action on his behalf as a
result of his injury. Petition at ¶¶ 4, 24-26. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website 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 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 (2012).

Case 1:21-vv-01480-UNJ Document 43 Filed 02/17/23 Page 2 of 2
On January 13, 2023, Respondent filed a Rule 4(c) Report Recommending
Compensation and Proffer of Compensation in which he concedes that Petitioner is
entitled to compensation in this case. ECF No. 35 at 3-4. Specifically, Respondent
indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services, have reviewed the petition and
medical records filed in this case. It is respondent’s position that petitioner
has satisfied the criteria set forth in the Table and the Qualifications and
Aids to Interpretation for SIRVA. See 42 C.F.R. §§ 100.3(a)(XIV)(B),
100.3(c)(10). Specifically, petitioner had no history of pain, inflammation, or
dysfunction of the affected shoulder prior to vaccine administration that
would explain the alleged signs, symptoms, examination findings, and
diagnostic studies occurring after vaccine injection; he suffered the onset of
pain within forty-eight hours of vaccine administration; his pain and reduced
range of motion were limited to the shoulder in which the vaccine was
administered; and there is no other condition or abnormality present that
would explain his symptoms. 42 C.F.R. § 100.3(c)(10). Therefore, petitioner
is entitled to a presumption of vaccine causation.
Id. at 3. Respondent further agrees that
[w]ith respect to other statutory and jurisdictional issues, the record shows
that this case was timely filed, the vaccine was received in the United
States, and petitioner satisfies the severity requirement by suffering the
residual effects of his injury for more than six months after vaccine
administration.
Id. (citing Sections 11(c)(1)(B)(i)(Ι), 11(c)(1)(D)(i), 16(a)(2)).
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-01480-1
Date issued/filed: 2023-02-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/18/2023) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-01480-UNJ Document 44 Filed 02/21/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1480V
UNPUBLISHED
STEVEN MEHARRY, Chief Special Master Corcoran
Petitioner, Filed: January 18, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 16, 2021, Steven Meharry filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act that he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on September 16, 2020.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 13, 2023, Respondent filed a Rule 4(c) Report
Recommending Compensation and Proffer of Compensation (“Proffer”) indicating
Petitioner should be awarded a lump sum of $92,239.59 ($90,000.00 for pain and
suffering and $2,239.59 for paid past unreimbursable medical expenses); and a lump sum
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-01480-UNJ Document 44 Filed 02/21/23 Page 2 of 2
of $1,302.50, representing compensation for unpaid past unreimbursable medical
expenses to Team Rehabilitation Physical Therapy. Proffer at 4. In the Proffer,
Respondent represented that Petitioner agrees with 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 Proffer, I award the following:
A. A lump sum payment of $92,239.59 (representing $90,000.00 for pain and
suffering and $2,239.59 for paid past unreimbursable medical
expenses) in the form of a check payable to Petitioner; and
B. A lump sum of $1,302.50, representing compensation for unpaid past
unreimbursable medical expenses, in the form of a check payable jointly to
Petitioner and Team Rehabilitation Physical Therapy.3
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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Attn: Acct #1068175-TRH, Team Rehabilitation Physical Therapy, PO Box 371863, Pittsburgh, PA
15250-7863.
4 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