VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00526
Package ID: USCOURTS-cofc-1_23-vv-00526
Petitioner: David Webb
Filed: 2023-04-17
Decided: 2024-05-06
Vaccine: influenza
Vaccination date: 2021-09-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52500

AI-assisted case summary:
David Webb filed a petition for compensation under the National Vaccine Injury Compensation Program on April 17, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 22, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 18, 2024, conceding that Mr. Webb's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he met all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 18, 2024, finding Mr. Webb entitled to compensation. Subsequently, on April 5, 2024, the respondent filed a proffer on award of compensation, which Mr. Webb agreed to. Chief Special Master Corcoran issued a Decision on Damages on May 6, 2024, awarding Mr. Webb a lump sum payment of $52,500.00 for past pain and suffering, representing all damages available under the Act. Petitioner was represented by Edward M. Kraus of Kraus Law Group, LLC, and respondent was represented by Madelyn Weeks of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision.

Theory of causation field:
Petitioner David Webb filed a petition on April 17, 2023, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 22, 2021. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. A Ruling on Entitlement was issued by Chief Special Master Brian H. Corcoran on March 18, 2024, finding petitioner entitled to compensation. On April 5, 2024, a Proffer on Award of Compensation was filed, agreeing to a lump sum payment of $52,500.00 for past pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Edward M. Kraus, and respondent by Madelyn Weeks. The public text indicates a "Table" theory of causation, specifically SIRVA, and does not detail specific medical experts, competing medical theories, or the mechanism of injury beyond its classification as SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00526-0
Date issued/filed: 2024-04-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/18/2024) regarding 22 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00526-UNJ Document 28 Filed 04/18/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0526V
DAVID WEBB, Chief Special Master Corcoran
Petitioner,
v. Filed: March 18, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Edward M. Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 17, 2023, David Webb 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 received on September 22, 2021.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 18, 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
1 Because this unpublished 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-00526-UNJ Document 28 Filed 04/18/24 Page 2 of 2
SIRVA as defined by the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a),
(c)(10)). 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

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DOCUMENT 2: USCOURTS-cofc-1_23-vv-00526-1
Date issued/filed: 2024-05-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/05/2024) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00526-UNJ Document 29 Filed 05/06/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0526V
DAVID WEBB, Chief Special Master Corcoran
Petitioner,
v. Filed: April 5, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Edward M. Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On April 17, 2023, David Webb 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 received on September 22, 2021.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 18, 2024, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 5, 2024, Respondent filed a proffer on award of
compensation (“Proffer”). Respondent represented that Petitioner agrees with the
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-00526-UNJ Document 29 Filed 05/06/24 Page 2 of 5
proffered award. Id. at 1. 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 a lump sum
payment of $52,500.00 (for past 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-00526-UNJ Document 29 Filed 05/06/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAVID WEBB,
Petitioner,
v. No. 23-526V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 17, 2023, David Webb (“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 Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
(“flu”) vaccine he received on or about September 22, 2021. Petition at 1. On March 18, 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. ECF No. 21. That same day, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 22.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $52,500.00 in pain and suffering.
This amount represents all elements of compensation to which petitioner is entitled under 42
U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:23-vv-00526-UNJ Document 29 Filed 05/06/24 Page 4 of 5
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 a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $52,500.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, David Webb: $52,500.00
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:23-vv-00526-UNJ Document 29 Filed 05/06/24 Page 5 of 5
s/ MADELYN E. WEEKS
MADELYN E. WEEKS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-3262
madelyn.e.weeks@usdoj.gov
Dated: April 5, 2024
3