VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00331
Package ID: USCOURTS-cofc-1_22-vv-00331
Petitioner: John Cherry
Filed: 2022-03-28
Decided: 2025-04-07
Vaccine: influenza
Vaccination date: 2020-11-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 15100

AI-assisted case summary:
John Cherry filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on November 2, 2020. The petition stated that the vaccine was administered in the United States, his SIRVA symptoms persisted for more than six months, and no prior action or compensation had been received for this injury. Respondent denied that Mr. Cherry sustained a Table SIRVA injury, denied that the vaccine caused his injury, and denied that his current condition was a sequela of a vaccine-related 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 a lump sum of $13,590.00 for pain and suffering and $1,510.02 to reimburse a Medicaid lien. These amounts represent compensation for all items of damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00331-0
Date issued/filed: 2025-04-07
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 03/04/2025) regarding 49 DECISION Stipulation/Proffer. (Signed by Chief Special Master Brian H. Corcoran.) (cr) Service on parties made. (Main Document 53 replaced on 4/14/2025 to correct the blank stipulation pages.) (fm).
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Case 1:22-vv-00331-UNJ Document 53 Filed 04/07/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0331V
JOHN CHERRY, Chief Special Master Corcoran
Petitioner, Filed: March 4, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 28, 2022, John Cherry 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”) resulting from an influenza vaccine received on November 2,
2020. Petition at 1; Stipulation, filed March 3, 2025, at ¶¶ 2-4. Petitioner further alleges
that the vaccine was administered in the United States, his SIRVA symptoms persisted
for more than six months, and neither Petitioner, nor any other party, has ever filed any
action, or received compensation in the form of an award or settlement, for Petitioner’s
vaccine-related injury. Petition at ¶¶ 1, 14-16; Stipulation at ¶¶ 3-5. “Respondent denies
that petitioner sustained a Table SIRVA injury; denies that the vaccine caused petitioner’s
alleged shoulder injury, or any other injury; and denies that his current condition is a
sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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 1:22-vv-00331-UNJ Document 53 Filed 04/07/25 Page 2 of 8
Nevertheless, on March 3, 2025, 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. A lump sum of $13,590.00, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner.
b. A lump sum of $1,510.02 representing reimbursement of a Medicaid
lien for services rendered to Petitioner, in the form of a check payable
jointly to Petitioner and the New York City Department of Social
Services:
New York City
Human Resources Administration
Division of Liens and Recovery
RE: Case Number 1002671
P.O. Box 414799
Boston, MA 02241-4799
Petitioner agrees to endorse this check to the Department of Social Services.
Stipulation at ¶ 8. These amounts represent 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 1:22-vv-00331-UNJ Document 53 Filed 04/07/25 Page 3 of 8
Vinesign Document ID: 40E1D855--D2CC-4BF3-AE39-801192882173
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOHN CHERRY,
Petitioner, No. 22-331V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. On March 28, 2022, John Cherry {"petitioner'') filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10
to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related
to petitioner's receipt ofa n influenz.a ("flu") vaccine, which vaccine is contained in the Vaccine
Injury Table (the ''Table"). 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine in his left ann on November 2, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered from a shoulder injury related to vaccine
administration ("SIRVA") as a result ofr eceiving the flu vaccine. Petitioner alleges that he
experienced the residual effects of the alleged condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.
1
The signed document can be validated at https://app.vinesign.comNerify

Case 1:22-vv-00331-UNJ Document 53 Filed 04/07/25 Page 4 of 8
6. Respondent denies that petitioner sustained a Table SIRVA injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his
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 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 ofH ealth and Human Services will issue
the following vaccine compensation payment:
a. A lump sum of$13,590.00 to be paid through an ACH deposit to petitioner's
counsel's IOLTA account for prompt disbursement to petitioner.
b. A lump sum of $1,510.021 representing reimbursement of a Medicaid lien for
services rendered to petitioner. in the form of a check payable jointly to
petitioner and the New York City Department of Social Services:
New York City
Human Resources Administration
Division of Liens and Recovery
RE: Case Number 1002671
P.O. Box 414799
Boston, MA 022414799
Petitioner agrees to endorse this check to the Department of Social Services.
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
1 This amount represents full satisfaction ofa ny right of subrogation, assignment, claim, lien, or
cause of action the City of New York may have against any individual as a result of any
Medicaid payments the City ofN ew York has made to or on behalf of petitioner as a result of his
alleged injury relating to a vaccine administered on November 2, 2020, under Title XIX oft he
Social Security Act, see 42 U.S.C. § 300aa-JS(g), (h).
2

Case 1:22-vv-00331-UNJ Document 53 Filed 04/07/25 Page 5 of 8
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. § 300aa-21(a)(l), 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. § 300aa-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 XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments 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 attorneys' fees and litigation costs, and 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-l 5(a) and (d), and subject to the conditions of4 2 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payment described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf ofh is 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
3

Case 1:22-vv-00331-UNJ Document 53 Filed 04/07/25 Page 6 of 8
(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 ofFederaJ Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-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 November 2, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on or about March 28, 2022, in
the United States Court of Federal Claims as petition No. 22-331 V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalfo fe ither or both oft he parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms 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 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
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Case 1:22-vv-00331-UNJ Document 53 Filed 04/07/25 Page 7 of 8
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the
flu vaccine caused petitioner's shoulder injury or any other injury; or that his cUJTent condition is
a sequela ofa vaccine-related injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs. executors, administrators, successors. and/or assigns.
END OF STIPULATION
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Case 1:22-vv-00331-UNJ Document 53 Filed 04/07/25 Page 8 of 8
Respectfully submitted,
PETITIONER:
JOHN CHERRY
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ ,4,le~Y--?€<,t~
~ N B ~ HEATHER L. PEARLMAN
Muller Brazil, L.L.P. Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Tel: (215) 885-1655 U.S. Department of Justice
Email: laura@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
~t':~ttied
Jeffrey S.
by Jeffrey
-5 ~
Beach Date:2025.022515:19:08
-os·oo· for
CAPT GEORGE REED GRIMES, MD, MPH ___Y_ N_O_V_A_KO_V_I_C ____ _
Director. Division oflnjury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 616-2879
5600 Fishers Lane, 08W-25A Email: Mary.E.Novakovic@usdoj.gov
Rockville, MD 20857
6