VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00502
Package ID: USCOURTS-cofc-1_23-vv-00502
Petitioner: Michael C. Henderson
Filed: 2023-04-12
Decided: 2024-08-06
Vaccine: influenza
Vaccination date: 2021-12-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Michael C. Henderson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on December 28, 2021. He further alleged that he suffered residual effects of his injury for more than six months. The respondent conceded that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on May 6, 2024, finding Petitioner entitled to compensation. Subsequently, on July 2, 2024, the respondent filed a Proffer on Award of Compensation, recommending an award of $70,000.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master issued a Decision Awarding Damages on August 6, 2024, awarding Petitioner a lump sum payment of $70,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_23-vv-00502-0
Date issued/filed: 2024-06-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/06/2024) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00502-UNJ Document 24 Filed 06/11/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-502V
MICHAEL C. HENDERSON, Chief Special Master Corcoran
Petitioner, Filed: May 6, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 12, 2023, Michael C. Henderson (“Petitioner”) 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 from a
shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an
influenza (“flu”) vaccination on December 28, 2021. Pet., ECF No. 1. Petitioner further
alleges that he suffered the residual effects of his injury for more than six months. Id. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 4, 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,
ECF No. 20. Specifically, Respondent indicated that “[P]etitioner’s alleged injury is
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-00502-UNJ Document 24 Filed 06/11/24 Page 2 of 2
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 7. Respondent
agrees that Petitioner “has satisfied all legal prerequisites for compensation under the
Act.” Id. at 7-8.
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-00502-1
Date issued/filed: 2024-08-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/03/2024) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:23-vv-00502-UNJ Document 34 Filed 08/06/24 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-502V
MICHAEL C. HENDERSON, Chief Special Master Corcoran
Petitioner, Filed: July 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 12, 2023, Michael C. Henderson 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 a result of an influenza (“flu”) vaccination administered to him
on December 28, 2021. Pet., ECF No. 1. Petitioner further alleges that the vaccine was
received in the United States, he suffered sequela of his injury for more than six months,
and neither Petitioner nor any other party has ever received compensation in the form of
an award or settlement for his vaccine-related injury. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On May 6, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. ECF No. 21. On July 2, 2024, Respondent filed a Proffer on
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 1:23-vv-00502-UNJ Document 34 Filed 08/06/24 Page 2 of 4
award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00 in
pain and suffering. Proffer at 1, ECF No. 26. In the Proffer, Respondent represented that
Petitioner agrees with the proffered award. See id. Based on the record as a whole, I find
that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $70,000.00 for pain and suffering, in the form of a check payable
to Petitioner. This amount represents compensation for all damages that would be
available under Section 15(a).
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-00502-UNJ Document 34 Filed 08/06/24 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL C. HENDERSON,
Petitioner,
No. 23-502V
v.
Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 12, 2023, Michael C. Henderson (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a Table shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination he received on
December 28, 2021. Petition at 1. On May 4, 2024, the Secretary of Health and Human
Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for
compensation under the terms of the Act for a SIRVA Table injury, and on May 6, 2024, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 20; ECF No. 21.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:23-vv-00502-UNJ Document 34 Filed 08/06/24 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through
lump sum payments as described below and requests that the Special Master’s decision and the
Court’s judgment award the following1:
A. A lump sum payment of $70,000.00, in the form of a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner, Michael. C. Henderson $70,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Neil Bhargava
NEIL BHARGAVA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-3989
Date: July 2, 2024 neil.bhargava@usdoj.gov
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future,
unreimbursed expenses, future lost earnings and future pain and suffering.
2