VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00696
Package ID: USCOURTS-cofc-1_22-vv-00696
Petitioner: Jonathan Law
Filed: 2022-06-21
Decided: 2024-05-06
Vaccine: influenza
Vaccination date: 2021-09-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Jonathan Law filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on September 17, 2021. He alleged that he sustained a shoulder injury related to vaccine administration (SIRVA), which is listed on the Vaccine Injury Table, and that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Law sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury. Despite these denials, the parties reached a joint stipulation to settle the case. The court adopted the stipulation as its decision, awarding Mr. Law a lump sum of $55,000.00 as compensation for all damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages, and the court ordered that judgment be entered in accordance with this decision.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00696-0
Date issued/filed: 2024-06-14
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/06/2024) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:22-vv-00696-UNJ Document 43 Filed 06/14/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0696V
JONATHAN LAW, Chief Special Master Corcoran
Petitioner,
v. Filed: May 6, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 21, 2022, Jonathan Law filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). On September 17, 2021, Petitioner received an influenza (“flu”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that he sustained a shoulder injury related to vaccine administration
(“SIRVA”) as set forth in the Table, or, in the alternative, that Petitioner’s alleged shoulder
injury was caused by the vaccine. Petitioner further alleges that Petitioner suffered the
residual effects of the alleged injury 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 1:22-vv-00696-UNJ Document 43 Filed 06/14/24 Page 2 of 8
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
Petitioner’s current condition is a sequela of a vaccine-related injury.
Nevertheless, on May 6, 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 $55,000.00 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 1:22-vv-00696-UNJ Document 43 Filed 06/14/24 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JONA THAN LAW,
Petitioner,
No. 22-696V (ECF)
V. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Jonathan Law, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § I00.3(a).
2. Petitioner received an influenza vaccine on September 17, 2021 in the left arm. 1
3. The vaccination was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA") as set fo1ih in the Table, or, in the alternative, that petitioner's alleged
1 On October 27, 2021, petitioner received a COVID-19 vaccine. Vaccines against COVID-19
are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. §
100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed.
Reg. 15198, 15202 (March 17, 2020}.

Case 1:22-vv-00696-UNJ Document 43 Filed 06/14/24 Page 4 of 8
shoulder injury was caused by the vaccine. Petitioner further alleges that petitioner 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 civi I action
for damages on petitioner's behalf as a result of petitioner's condition.
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
petitioner's current condition is a sequela of a vaccine-related inju•ry.
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-21 (a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $55,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(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-2 l (a)( I), and an application, the pa1ties 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 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
2

Case 1:22-vv-00696-UNJ Document 43 Filed 06/14/24 Page 5 of 8
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. Payment made pursuant to paragraph 8 of this Stipulation 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 petitioner's benefit as contemplated by a strict
construction of 42 U.S.C. §§ 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§§ 300aa-l 5(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 petitioner's heirs, executors, administrators, successors or
assigns, (a) 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 (including agreements, judgments, claims, damages, loss of services, expenses, and all
demands of whatever kind or nature) that have been brought, cou Id have been brought, or
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) 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 that could be alleged to have resulted from, the vaccinations
administered on September 17, 2021, and on October 27, 2021, or (ii) that petitioner has had,
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Case 1:22-vv-00696-UNJ Document 43 Filed 06/14/24 Page 6 of 8
now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed on or about June 21, 2022, in the United States Court of Federal Claims as
petition No. 22-696V; and (b) waives any and all rights to any compensation that may be
available under the CICP, 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d-6d(d)), for
a claim alleging that a covered countermeasure, including the COVID-19 vaccination
administered on October 27, 2021, on its own or in combination with the flu vaccination
administered on September 17, 2021, caused or seriously aggravated the injuries that are the
subject of the petition for vaccine compensation filed on or about June 21, 2022, in the United
States Court of Federal Claims as petition No. 22-696V, including a shoulder injury, for which
petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim
currently pending with the CICP, petitioner hereby withdraws such claim for compensation in
the CICP.2 lfno claim for compensation has been filed in the CICP as of the date this
Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for
compensation in the CICP.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the 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.
2 Once incorporated into a decision by the special master, petitioner agrees that respondent will
send this Stipulation to the CICP as evidence of petitioner's withdrawal of petitioner's CICP
claim and waiver of compensation under the CICP.
4

Case 1:22-vv-00696-UNJ Document 43 Filed 06/14/24 Page 7 of 8
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 Service that the influenza vaccine caused petitioner's alleged
injury or any other injury or petitioner's current 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
5

Case 1:22-vv-00696-UNJ Document 43 Filed 06/14/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
~~
ATTORNEY OF RECORD
AUTHORIZED REPRESENTATIVE
FOR PETITIONER:
OF THE ATTORNEY GENERAL:
JI~ /..S/ H~d-fetul~
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/Juuv4/ ~ ts I Clu~ S Ix.Pa
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BRUCE W. SLANE
HEAT f-TER L. PEARLMAN
The Law Office of Bruce W. Slane, P.C. Deputy Director
188 East Post Road, Suite 205 Torts Branch
White Plains, NY 10601 Civil Division
Telephone: (914) 269-2010
.· U.S. Department of Justice
Email: bruce@slane-lavv.com
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0 [46
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S.
Bea Ch -S \ rng;tallys;gnedbyJeff,eyS.Beach•S
9ate;2024.04.12 14:26:56-04'00' for
CDR GEORGE REED GR1MES, MD, MPH
Director, Division oflnjury 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 Telephone: (202) 305-1.159
Rockville, MD 20857 Email: Naseem.Kourosh@usdoj.gov
6