VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00491 Package ID: USCOURTS-cofc-1_23-vv-00491 Petitioner: Paul Granet Filed: 2023-04-11 Decided: 2025-08-19 Vaccine: influenza Vaccination date: 2021-09-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Paul Granet filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 16, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. The respondent agreed that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner had satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 4, 2024, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. As the parties were unable to informally resolve the issue of damages, a hearing was held on June 27, 2025. Petitioner sought $85,000.00 for pain and suffering, while the respondent recommended $65,000.00. Chief Special Master Corcoran issued a Decision on August 19, 2025, awarding Petitioner a lump sum payment of $80,000.00 for actual pain and suffering. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The award was to be paid through an ACH deposit to Petitioner's counsel's IOLTA account. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by David John Carney of Green & Schafle LLC, and the respondent was represented by Shelly Jock and later Rochelle Ilana Gillenson of the U.S. Department of Justice. Theory of causation field: Petitioner Paul Granet alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 16, 2021. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. The case proceeded to a damages hearing on June 27, 2025, after the parties could not reach an informal resolution. Petitioner sought $85,000.00 for pain and suffering, and Respondent recommended $65,000.00. Chief Special Master Brian H. Corcoran awarded Petitioner $80,000.00 for actual pain and suffering in a decision dated August 19, 2025, adopting reasoning from a prior SIRVA case. The award was a lump sum payment for all damages under Section 15(a). The public text does not detail specific medical experts, the mechanism of injury, or the specific clinical presentation beyond the SIRVA diagnosis. Petitioner was represented by David John Carney (Green & Schafle LLC), and Respondent by Shelly Jock and Rochelle Ilana Gillenson (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00491-0 Date issued/filed: 2024-07-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/04/2024) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00491-UNJ Document 25 Filed 07/08/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0491V PAUL GRANET, Chief Special Master Corcoran Petitioner, v. Filed: June 4, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 11, 2023, Paul Granet 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”) as the result of an influenza (“flu”) vaccine which he received on September 16, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 3, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). 1 Because this Ruling 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 Ruling 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 1:23-vv-00491-UNJ Document 25 Filed 07/08/24 Page 2 of 2 Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-00491-1 Date issued/filed: 2025-08-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/27/2025) regarding 36 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00491-UNJ Document 44 Filed 08/19/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0491V PAUL GRANET, Chief Special Master Corcoran Petitioner, v. Filed: June 27, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 11, 2023, Paul Granet 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccine which he received on September 16, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. Because the parties could not informally resolve the issue of damages, they were ordered to file briefs setting forth their respective arguments and were notified that I would resolve this dispute via an expedited “Motions Day” hearing, which ultimately took place on June 27, 2025. 1 Because this Ruling 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 Ruling 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 1:23-vv-00491-UNJ Document 44 Filed 08/19/25 Page 2 of 2 Petitioner seeks an award of $85,000.00 in compensation for Petitioner’s actual pain and suffering. Respondent recommends an award of $65,000.00. After listening to the arguments of both sides, I issued an oral ruling on damages constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A), at the conclusion of the June 27, 2025 hearing. An official recording of the proceeding was taken by a court reporter, although a transcript has not yet been filed in this matter. I hereby fully adopt and incorporate that oral ruling as officially recorded. As discussed during my oral ruling, in another recent decision I discussed at length the legal standard to be considered in determining damages and prior SIRVA compensation within SPU. I fully adopt and hereby incorporate my prior discussion in Section III of Thomas v. Sec'y of Health & Hum. Servs., No. 22-1941, 2025 WL 1082606 at *5 – 7 (Fed. Cl. Spec. Mstr. Mar. 7, 2025) to the instant ruling and decision. Additionally, the official recording of my oral ruling includes my discussion of various comparable cases as well as specific facts relating to Petitioner’s medical history and experience that further informed my decision awarding damages herein. Based on my consideration of the complete record as a whole and for the reasons discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $80,000.00 represents a fair and appropriate amount of compensation for Petitioner’s actual pain and suffering.3 Accordingly, I award Petitioner a lump sum payment of $80,000.00, 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. The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96- 0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health & Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)). 4 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