VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00624
Package ID: USCOURTS-cofc-1_22-vv-00624
Petitioner: Bala Muccala
Filed: 2022-06-06
Decided: 2024-10-08
Vaccine: influenza
Vaccination date: 2021-11-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 39000

AI-assisted case summary:
Bala Muccala 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 received on November 9, 2021. He stated that the vaccine was administered in the United States, he experienced residual effects for more than six months, and there had been no prior award or settlement. The respondent, the Secretary of Health and Human Services, initially denied that Mr. Muccala sustained a SIRVA Table 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 to settle the case and award compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision. Mr. Muccala was awarded a lump sum of $39,000.00, representing compensation for all items of damages available under the program. This award covers all damages and resolves the liability and damages claims related to the alleged SIRVA injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00624-0
Date issued/filed: 2024-10-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/29/2024) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:22-vv-00624-UNJ Document 42 Filed 10/08/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-624V
BALA MUCCALA, Chief Special Master Corcoran
Petitioner, Filed: August 29, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 6, 2022, Bala Muccala 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”), a Table injury, resulting from an influenza (“flu”) vaccine he received on
November 9, 2021. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
administered in the United States, he experienced the residual effects of his condition for
more than six months, and there has been no prior award or settlement of a civil action
for damages on Petitioner’s behalf as a result of his condition. Id. Respondent denies
“that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused
[P]etitioner’s alleged shoulder injury, or any other injury; and denies that his current
condition is a sequela of a vaccine-related injury.” Stipulation at 2, ECF No. 35.
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-00624-UNJ Document 42 Filed 10/08/24 Page 2 of 7
Nevertheless, on August 29, 2024, 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 $39,000.00 in the form of a check payable to Petitioner.
Stipulation at 2. This amount represents 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-00624-UNJ Document 42 Filed 10/08/24 Page 3 of 7
Jocusign Envelope ID: E2450CAE-5805-4CC6-AEF7-EC44C3E 1C 865
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BALA MUCCALA,
Petitioner, No. 22-624V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Bala Muccala ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § I 00.3(a)
2. Petitioner received a flu vaccine on November 9, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table. He further alleges that he experienced
the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his alleged injury.

Case 1:22-vv-00624-UNJ Document 42 Filed 10/08/24 Page 4 of 7
Jocusign Envelope ID: E2450CAE-5805-4CC6-AEF7-EC44C3E 1 C865
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his
cutTent condition is a sequela of a 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 of judgment 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-2 l (a)( 1) , the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $39,000.00 in the fo1m of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-I 5(a).
9. As soon as practicable after the entry of judgment 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)( I), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs inCLmed in proceeding upon this
petition.
I 0. 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.
2

Case 1:22-vv-00624-UNJ Document 42 Filed 10/08/24 Page 5 of 7
Jocusign Envelope ID: E2450CAE-5805-4CC6-AEF7-EC44C3E1 C865
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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 attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever itTevocably 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
(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 Cow1 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 November 9, 2021, as
alleged in a petition for vaccine compensation filed on or about June 6, 2022, in the United
States Court of Federal Claims as petition No. 22-624V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
3

Case 1:22-vv-00624-UNJ Document 42 Filed 10/08/24 Page 6 of 7
Jocusign Envelope ID: E2450CAE-5805-4CC6-AEF7-EC44C3E1 C865
upon proper notice to the Com1 on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the tetms
of this Stipulation or if the Com1 of Federal Claims fails to enter judgment in confotmity with a
decision that is in complete confotmity with the tetms 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' respective 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 petitioner's alleged injury or
any other injury or his cuncnt disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:22-vv-00624-UNJ Document 42 Filed 10/08/24 Page 7 of 7
Jocusign Envelope ID: E2450CAE-5805-4CC6-AEF7-EC44C3E 1C 865
Respectfully submitted,
PETITIONER:
OocuSigned by:
{)uL,., ~
~
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~,_, ~~P-e'1-& .lvW1:----.
HEATHER L. PEARLMAN
3030 N. Central Avenue, su· e 507 Deputy Director
Phoenix, AZ 85012 Torts Branch
Phone: ( 480) 701-0999 Civil Division
E-mail: adowning@daj-law.com U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by
Jeffrey S. Beach -5
Beach -S Date: 2024.08.22
foL
14:15:10-04'00'
R~ Bli'Htt~
CAPT GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A Tel: (202) 616-3662
Rockville, MD 20857 Email: Rachclle.P.Bishop@usdoj.gov
tr /tq/
Dated: 2.,"I
5