VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00805
Package ID: USCOURTS-cofc-1_22-vv-00805
Petitioner: Mark Hernandez
Filed: 2022-07-25
Decided: 2024-03-18
Vaccine: influenza
Vaccination date: 2020-09-16
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Mark Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 16, 2020. He claimed the injury lasted longer than six months. The respondent denied that Mr. Hernandez sustained a SIRVA Table injury or that the flu vaccine caused or aggravated his condition. Despite these denials, the parties reached a joint stipulation for settlement. The court adopted the stipulation, awarding Mr. Hernandez a lump sum of $40,000.00 as compensation for all damages. This amount covers his alleged injury, which is listed on the Vaccine Injury Table. The stipulation also addresses future proceedings for attorneys' fees and costs. The case was resolved through this settlement, avoiding a contested hearing on the merits of causation.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_22-vv-00805-0
Date issued/filed: 2024-03-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/15/2024) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00805-UNJ Document 38 Filed 03/18/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0805V
MARK HERNANDEZ, Chief Special Master Corcoran
Petitioner, Filed: February 15, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for
Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 25, 2022, Mark Hernandez 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 following an influenza
vaccination he received on September 16, 2020. Petition at ¶ 1, 15; Stipulation, filed at
February 15, 2024, ¶¶ 2, 4. Petitioner further alleges that his vaccine injury has lasted
longer than six months. Petition at ¶ 14; Stipulation at ¶ 4. “Respondent denies that
“Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused or
significantly aggravated Petitioner’s alleged shoulder injury, or any other injury or
condition; and denies that his current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
Nevertheless, on February 15, 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.
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-00805-UNJ Document 38 Filed 03/18/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $40,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. 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-00805-UNJ Document 38 Filed 03/18/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARK HERNANDEZ,
Petitioner,
V. No. 22-805V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Mark Hernandez ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 ("Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table ("Table"), 42
C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on or about September 16, 2020.
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, or in the alternative, that
his alleged injury was caused-in-fact by, or significantly aggravated by, the flu vaccine.
Petitioner further alleges that he experienced the residual effects of his alleged injury for more
than six months.

Case 1:22-vv-00805-UNJ Document 38 Filed 03/18/24 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused or significantly aggravated petitioner's alleged shoulder injury, or any other
injury or condition; and denies that his current 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 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 of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $40,000.00 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 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 they have identified to respondent all
known sources of payment for items or services for which the Vaccine Program is not primarily
liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance
policies, Federal or State health benefits programs ( other than Title XIX of the Social Security
Act), or entities that provide health services on a pre-paid basis.
2

Case 1:22-vv-00805-UNJ Document 38 Filed 03/18/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i) and 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 of 42 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 payment described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in his individual capacity and on behalf of his heirs,
executors, administrators, successors, and/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 (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 of Federal
Claims under the Vaccine Program 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 vaccine administered on or about
September 16, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or
about July 25, 2022, in the United States Court of Federal Claims as petition No. 22-805V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court of Federal Claims on behalf of either or both of the parties.
3

Case 1:22-vv-00805-UNJ Document 38 Filed 03/18/24 Page 6 of 7
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 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 petitioner sustained a SIRVA Table injury; that the
flu vaccine caused or significantly aggravated any other injury or condition; or that his current
condition is a sequela of a 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
4

Case 1:22-vv-00805-UNJ Document 38 Filed 03/18/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
r..1•-l'Utlltl :IOU~C,:),u, ...... ]
dt;,,~N,..O,.UM)1♦~11,t ,,_
MARK HERNANDEZ
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
-41£~4-J?~
CATHERINE COSTIGAN, ES HEATHER L. PEARLMAN
MAGLIO CHRJSTOPHER & TO , P. Deputy Director
1015 15th Street NW, Suite 125 Torts Branch
Washington, DC 20005 Civil Division
ccostigan@mctlaw.com U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C . 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDE T:
AND HUMAN SERVICES:
; ~ ~% '
Jeffreys. Beach
~!~~~ltignedbyJeffreyS.
-S
Date: 2024.02.07 16:25:44
_____ __ -os·oo· for
CDR GEORGE REED GRIMES, 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, D.C. 20044-0146
5600 Fishers Lane, 08W-25A felicia.d.langel@usdoj.gov
Rockville, MD 20857
5

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_22-vv-00805-1
Date issued/filed: 2024-03-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/15/2024) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
--------------------------------------------------------------------------------
Case 1:22-vv-00805-UNJ Document 39 Filed 03/21/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0805V
MARK HERNANDEZ, Chief Special Master Corcoran
Petitioner, Filed: February 15, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, Washington, DC, for
Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 25, 2022, Mark Hernandez 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 following an influenza
vaccination he received on September 16, 2020. Petition at ¶ 1, 15; Stipulation, filed at
February 15, 2024, ¶¶ 2, 4. Petitioner further alleges that his vaccine injury has lasted
longer than six months. Petition at ¶ 14; Stipulation at ¶ 4. “Respondent denies that
“Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused or
significantly aggravated Petitioner’s alleged shoulder injury, or any other injury or
condition; and denies that his current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
Nevertheless, on February 15, 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.
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-00805-UNJ Document 39 Filed 03/21/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $40,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. 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-00805-UNJ Document 39 Filed 03/21/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARK HERNANDEZ,
Petitioner,
V. No. 22-805V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Mark Hernandez ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 ("Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table ("Table"), 42
C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on or about September 16, 2020.
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, or in the alternative, that
his alleged injury was caused-in-fact by, or significantly aggravated by, the flu vaccine.
Petitioner further alleges that he experienced the residual effects of his alleged injury for more
than six months.

Case 1:22-vv-00805-UNJ Document 39 Filed 03/21/24 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused or significantly aggravated petitioner's alleged shoulder injury, or any other
injury or condition; and denies that his current 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 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 of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $40,000.00 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 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 they have identified to respondent all
known sources of payment for items or services for which the Vaccine Program is not primarily
liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance
policies, Federal or State health benefits programs ( other than Title XIX of the Social Security
Act), or entities that provide health services on a pre-paid basis.
2

Case 1:22-vv-00805-UNJ Document 39 Filed 03/21/24 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i) and 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 of 42 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 payment described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in his individual capacity and on behalf of his heirs,
executors, administrators, successors, and/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 (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 of Federal
Claims under the Vaccine Program 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 vaccine administered on or about
September 16, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or
about July 25, 2022, in the United States Court of Federal Claims as petition No. 22-805V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court of Federal Claims on behalf of either or both of the parties.
3

Case 1:22-vv-00805-UNJ Document 39 Filed 03/21/24 Page 6 of 7
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 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 petitioner sustained a SIRVA Table injury; that the
flu vaccine caused or significantly aggravated any other injury or condition; or that his current
condition is a sequela of a 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
4

Case 1:22-vv-00805-UNJ Document 39 Filed 03/21/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
r..1•-l'Utlltl :IOU~C,:),u, ...... ]
dt;,,~N,..O,.UM)1♦~11,t ,,_
MARK HERNANDEZ
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
-41£~4-J?~
CATHERINE COSTIGAN, ES HEATHER L. PEARLMAN
MAGLIO CHRJSTOPHER & TO , P. Deputy Director
1015 15th Street NW, Suite 125 Torts Branch
Washington, DC 20005 Civil Division
ccostigan@mctlaw.com U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C . 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDE T:
AND HUMAN SERVICES:
; ~ ~% '
Jeffreys. Beach
~!~~~ltignedbyJeffreyS.
-S
Date: 2024.02.07 16:25:44
_____ __ -os·oo· for
CDR GEORGE REED GRIMES, 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, D.C. 20044-0146
5600 Fishers Lane, 08W-25A felicia.d.langel@usdoj.gov
Rockville, MD 20857
5