VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00304
Package ID: USCOURTS-cofc-1_23-vv-00304
Petitioner: David Kiss
Filed: 2025-02-13
Decided: 2025-03-18
Vaccine: influenza
Vaccination date: 2021-09-27
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 23500

AI-assisted case summary:
David Kiss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 27, 2021. He stated the vaccine was given in the United States, the injury caused residual effects for more than six months, and there had been no prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Mr. Kiss sustained a SIRVA, denied that the vaccine caused his injury, and denied that his condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that the case should be settled and compensation awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision. Mr. Kiss was awarded a lump sum of $23,500.00, representing compensation for all damages available under the program. This amount is to be paid through an ACH deposit to his counsel for prompt disbursement. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was not an admission by the United States that the vaccine caused the injury, but rather a negotiated settlement of liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00304-0
Date issued/filed: 2025-03-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/13/2025) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (jt1) Service on parties made.
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Case 1:23-vv-00304-UNJ Document 32 Filed 03/18/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0304V
DAVID KISS, Chief Special Master Corcoran
Petitioner, Filed: February 13, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 1, 2023, David Kiss 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 hesuffered ashoulder injury related to vaccine administration
(“SIRVA”) as a result of an influenza (“flu”)vaccine that was administered on September
27, 2021. Petition at1;Stipulation, filedonFebruary 10, 2025,at ¶¶2, 4.Petitioner further
alleges that he received the vaccine in the United States, that he experienced the residual
effects of his injury for more than six months, and there has been no prior award or
settlement of a civil action for damages as a result of his alleged condition. Petition at 3;
Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA, as defined
in the Table; 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 ¶ 6.
1Because 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.
2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all sectionreferences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:23-vv-00304-UNJ Document 32 Filed 03/18/25 Page 2 of 7
Nevertheless, on February 10, 2025, the parties filed the attachedjoint 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 $23,500.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement 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 1:23-vv-00304-UNJ Document 32 Filed 03/18/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAVID KISS,
Petitioner,
v. No. 23-304V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. David Kiss, 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 of an
influenza ("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 September 27, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time frame set forth in the Table following administration
of the flu vaccine, and that he experienced the residual effects of this injury 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 the alleged injury.

Case 1:23-vv-00304-UNJ Document 32 Filed 03/18/25 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA, as defined in the Table; 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.
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 tenns 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$23,500.00 to be paid through an ACH deposit to petitioner's
counsel's lOLT A account for prompt disbursement 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-2 l(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.
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
2

Case 1:23-vv-00304-UNJ Document 32 Filed 03/18/25 Page 5 of 7
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
l5(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 of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§§ 300aa-l 5(g) and (h).
13. Jn 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, 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
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., 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 may be alleged to have resulted from, the flu vaccination
administered on or about September 27, 2021, as alleged by petitioner in a petition for vaccine
compensation filed on or about March I, 2023, in the United States Court of Federal Claims as
petition No. 23-304V.
3

Case 1:23-vv-00304-UNJ Document 32 Filed 03/18/25 Page 6 of 7
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 confonnity with the terms
of this Stipulation or if the Court of Federa1 Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the tenns 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 to suffer a
shoulder injury or his current disabilities, or any other injury or condition, or that petitioner
sustained 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 1:23-vv-00304-UNJ Document 32 Filed 03/18/25 Page 7 of 7
Respectfully submitted,
PETmONER:
D~=:2
ATIORNEYOFRECORDFOR AUTHORIZED REPRSENTAT fVE
PETfflONER: OF THE ATTORNEY GENERAL:
,.,M eM++¾~ k~
HV.D·~. .... HEAT IIER L. PEAR
Law Offices o V. Durant, PLLC Deputy Director
1717K Street NW, Suite 900 Torts Branch
Washington, DC 20006 Civil Division
(202) 775-9200 U.S. Department of Justice
E-mail: ldurant@durantll.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE A1TORNEV OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
J e f f rey S. Digttally signed by
-s Jeffreys. Beach-$
Beach
Oate:2025.01.31 ~ :::> Q , C~-o--- -
13:04:28 -05'00' for
CAPT GEORGE REED GRIMES, MD, MPH ELIZABETHAANDARY
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) 616-9824
Rockville, MD 20857 E-mail: Ehzabeth.A.Andary(m.usdo1.~v
/JO I$ o&,5
Dated:0«9,
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