VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00585
Package ID: USCOURTS-cofc-1_23-vv-00585
Petitioner: Paul Kriss
Filed: 2023-04-26
Decided: 2025-01-06
Vaccine: influenza
Vaccination date: 2021-10-08
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 24143

AI-assisted case summary:
Paul Kriss filed a petition for vaccine compensation on April 26, 2023, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 8, 2021. The flu vaccine is listed on the Vaccine Injury Table, and Kriss alleged his SIRVA resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the SIRVA onset occurred within the Table timeframe and denied that the vaccine caused the injury or any other condition. Despite these denials, the parties filed a joint stipulation on December 5, 2024, agreeing to settle the case. The court adopted the stipulation as its decision, awarding Kriss a lump sum of $24,000.00 for pain and suffering and $143.35 to reimburse a Medicaid lien. This award represents compensation for all damages available under the Vaccine Act. The decision was finalized on January 6, 2025.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00585-0
Date issued/filed: 2025-01-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/05/2024) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:23-vv-00585-UNJ Document 31 Filed 01/06/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0585V
PAUL KRISS, Chief Special Master Corcoran
Petitioner,
v. Filed: December 5, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On April 26, 2023, Paul Kriss filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). On October 8, 2021, Petitioner received an influenza (“flu”) vaccine, which vaccine
is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner
alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as
a consequence of the flu vaccine, and further alleges that he experienced the residual
effects of this injury for more than six months.
Respondent denies that Petitioner suffered the onset of his alleged SIRVA within
the Table timeframe; denies that the flu vaccine caused Petitioner’s alleged shoulder
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-00585-UNJ Document 31 Filed 01/06/25 Page 2 of 7
injury or any other injury; and further denies that his current disabilities are a sequela of
a vaccine-related injury.
Nevertheless, on December 5, 2024, the parties filed the attached joint stipulation,3
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. A lump sum of $24,000.00 in the form of a check payable to Petitioner.
B. A lump sum of $143.35, representing reimbursement of a Medicaid lien
for services rendered to Petitioner by the state of North Carolina, in the
form of a check payable jointly to Petitioner and the North Carolina
Division of Health Benefits:
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Re: Case Number 386472
Petitioner agrees to endorse this check to the Division of Health Benefits.
Stipulation at ¶ 8. These amounts represent 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 In attaching the parties’ joint stipulation, I have omitted the last page – a VineSign form that includes
personal information regarding Petitioner.
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

Case 1:23-vv-00585-UNJ Document 31 Filed 01/06/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PAUL KRISS,
Petitioner, No. 23-585V
Chief Special Master Corcoran
V. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Paul Kriss, filed a petition for vaccine compensation under the National
Vaccine lnjmy 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 the influenza
("flu") vaccine, whid1 vaccine is contained in the Vaccine Injmy Table (the "Table"), 42 C.F.R. §
I 00.3 (a).
2: Petitioner received a flu vaccine on or about October 8, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") as a consequence of the flu immunization he received on or about October 8, 2021,
and fm1her alleges that he suffered the residual effects of this injmy 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 his condition.
Page I of 5

Case 1:23-vv-00585-UNJ Document 31 Filed 01/06/25 Page 4 of 7
6. Respondent denies that petitioner suffered the onset of his alleged SIRVA within the
Table timeframe; denies that the flu vaccine caused petitioner's alleged shoulder injmy or any
other injury and further denies that his current disabilities are 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 of judgment 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 Secreta1y of Health and Human Services will issue the
following vaccine compensation payments:
a. A lump sum of$24,000.00 in the form ofa check payable to petitioner; and
b. A lump sum of $143.35, 1 representing reimbursement of a Medicaid lien
for services rendered to petitioner by the State of North Carolina, in the form
of a check payable jointly to petitioner, and the North Carolina Division of
Health Benefits:
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Re: Case Number 386472
Petitioner agrees to endorse this check to the Division of Health Benefits.
9. As soon as practicable after the enhy of judgment 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-2l(a)(l), and an application, the parties will submit to further proceedings before the
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of North Carolina may have against any individual as a result of any
Medicaid payments the North Carolina Medicaid program has made to or on behalf of petitioner,
as a result of his alleged vaccine-related iltju1y suffered on or about October 8, 2021, under Title
XIX of the Social Security Act, see 42 U.S.C. § 300aa-1S (g), (h).
Page 2 ofS

Case 1:23-vv-00585-UNJ Document 31 Filed 01/06/25 Page 5 of 7
special master to award reasonable attorneys' fees and costs incu1Ted in proceeding upon this
petition.
I0 . Petitioner and his attorney represent that they have identified to respondent all known
sources of payment for items or services for which the 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 (42 U.S.C. § 1396 et
seq.)), or entities that provide health services on a prepaid basis.
11. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-15(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 attorney's 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 rehm1 for the payments described in paragraphs 8 and 9, petitioner, in his individual
capacity, and on behalf of his heirs, executors, administrators, successors, and assigns, does forever
irrevocably and unconditionally release, acquit and discharge the United States and the Secreta1y
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 United
States Court of Federal Claims, under the National Vaccine htjury 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
Page 3 of 5

Case 1:23-vv-00585-UNJ Document 31 Filed 01/06/25 Page 6 of 7
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the flu vaccination administered on or about October 8, 2021, as
alleged by petitioner in a petition for vaccine compensation filed on or about April 26, 2023 in the
United States Comt of Federal Claims as petition No. 23-585V.
14. If petitioner should die prior to enhy 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 tenns of
this Stipulation or if the United States Court of Federal 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 Inju1y Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the patt 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 patties 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 nah1re 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
Secretaty of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
injuty or any other injmy or any of his current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page 4 of5

Case 1:23-vv-00585-UNJ Document 31 Filed 01/06/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
PAUL KRISS
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PE~TITIONvER: : ,AA' ;), OF THE ATTORNEY GENERAL:
fl'L(~
LEAH V. DURA~~ HEATHER L. PEARLMAN
LAW OFFICES OF LEAH V~ URANT, PLLC Deputy Director
1717 K Sh·eet, NW Torts Branch
Suite 900 Civil Division
Washington, D.C. 20006 U. S. Department of Justice
(202) 775-9200 P. 0. Box 146
ldurant@durantllc.com Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRET ARY OF HEAL TH AND RESPONDENT:
HUMAN SERVICES:
Jeffrey 5. µ_~
~i~~:tted by Jeffrey 6 ~r'l~Jtt'
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CAPT GEORGE REED GRIMES, MD, MPH MALLORI B. OPENCHOWSKI
Director, Division of htjury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, D.C. 20044-0146
and Human Services Tel: (202) 305-0660
5600 Fishers Lane, 08W-25A mallori. b.openchowski@usdoj.gov
Rockville, MD 20857
Dated:
izdos/VJVJ
Page 5 of5