VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01582
Package ID: USCOURTS-cofc-1_21-vv-01582
Petitioner: Keith A. Lee
Filed: 2021-07-16
Decided: 2023-09-20
Vaccine: influenza
Vaccination date: 2018-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Keith A. Lee filed a petition for compensation under the National Vaccine Injury Compensation Program on July 16, 2021. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 16, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Lee is entitled to compensation. The respondent agreed that Mr. Lee's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Mr. Lee is entitled to compensation. The case was granted entitlement and is pending a decision on damages. Petitioner was represented by John F. McHugh of the Law Office of John McHugh, and Respondent was represented by Tyler King of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Keith A. Lee alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 16, 2018. The respondent conceded that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. Based on this concession and the evidence of record, Chief Special Master Brian H. Corcoran granted entitlement to compensation, pending a decision on damages. The public text does not specify the mechanism of injury, expert testimony, or a detailed breakdown of the award. Petitioner was represented by John F. McHugh, and Respondent was represented by Tyler King.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01582-0
Date issued/filed: 2023-09-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 8/15/2023) regarding 33 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01582-UNJ Document 35 Filed 09/20/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1582V
KEITH A. LEE, Chief Special Master Corcoran
Petitioner, Filed: August 15, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John F. McHugh, Law Office of John McHugh, New York, NY, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 16, 2021, Keith A. Lee 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 an influenza (“flu”) vaccination administered on October 16, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 14, 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. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent
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-01582-UNJ Document 35 Filed 09/20/23 Page 2 of 2
with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees
that Petitioner “suffered the residual effects of his condition 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