VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00595
Package ID: USCOURTS-cofc-1_23-vv-00595
Petitioner: Barry Atlas
Filed: 2023-04-26
Decided: 2026-01-05
Vaccine: influenza
Vaccination date: 2021-10-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
On April 26, 2023, Barry Atlas filed a petition alleging that an influenza vaccine administered on October 19, 2021 caused a shoulder injury related to vaccine administration.

Respondent denied that Mr. Atlas sustained a Table SIRVA, denied that the flu vaccine caused his shoulder injury or any other injury, and denied that his current condition was vaccine-related. The public stipulation does not describe the first symptom, treatment visits, imaging, injections, therapy, or residual limitations.

The parties settled by stipulation. On January 5, 2026, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded $75,000.00 as a lump sum through counsel's IOLTA account.

Theory of causation field:
Influenza vaccine October 19, 2021 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Award $75,000. Chief SM Brian H. Corcoran; petition April 26, 2023; decision January 5, 2026.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00595-0
Date issued/filed: 2026-02-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/05/2026) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-00595-UNJ Document 45 Filed 02/11/26 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-595V
BARRY ATLAS, Chief Special Master Corcoran
Petitioner, Filed: January 5, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 26, 2023, Barry Atlas 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 Table shoulder injury related to vaccine
administration (“SIRVA”) as a result of a October 19, 2021 influenza (“flu”) vaccination.
Petition at ¶¶ 4-5, 21; Stipulation at ¶¶ 2, 4. Petitioner further alleges that he received his
vaccination in the United States, that he suffered the residual effects of his injury for more
than six months, and that there has been no prior award or settlement of a civil action on
his behalf as a result of his injury. Petition at ¶¶ 4, 20; Stipulation at ¶¶ 3-5. “Respondent
denies that [P]etitioner sustained a SIRVA Table Injury; denies that the flu vaccine caused
[P]etitioner’s alleged SIRVA, any other injury; and denies that [P]etitioner’s current
condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on January 5, 2026, the parties filed the attached joint 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.
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-00595-UNJ Document 45 Filed 02/11/26 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation,3 I award the following
compensation:
A lump sum of $75,000.00, 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.
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 The final page of the Stipulation, an e-signature verification, has been removed.
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-00595-UNJ Document 45 Filed 02/11/26 Page 3 of 7
Vinesign Document ID: F2828354-1219-4E94-9745-52AAB803A863
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BARRY ATLAS,
Petitioner,
V. No. 23-595V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Barry Atlas ("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 a flu vaccine on October 19, 2021.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
of the vaccine. Petitioner further alleges that petitioner experienced the residual effects of this
condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of the alleged injury.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:23-vv-00595-UNJ Document 45 Filed 02/11/26 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that petitioner's
current condition is a sequelae 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compe~ation payment for all damages that would be available under 42
U.S.C. § 300aa-J5(a):
A lump sum of $75,000.00 to be paid through an ACH deposit to petitioner's
counsel's IOLTA account for prompt disbursement to petitioner.
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 I (a)(I), 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 petitioner's 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-I5 (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 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.
2

Case 1:23-vv-00595-UNJ Document 45 Filed 02/11/26 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-J 5(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 unreimbursed 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 subjectto the conditions of 42 U.S.C.
§ 300aa-l 5{g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalfo f 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 could
be timely brought in the Court of Federal Claims, under the National 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 alleged to have resulted from, the flu vaccination administered on
October J 9, 2021,as alleged in a petition for vaccine compensation filed on or about April 26,
2023, in the United States Court of Federal Claims as petition No. 23-595V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidabl~
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:23-vv-00595-UNJ Document 45 Filed 02/11/26 Page 6 of 7
15. lf the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the 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 senlement 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's alleged S[RVA
or any other injury or petitioner's current condition, or that petitioner suffered 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
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Case 1:23-vv-00595-UNJ Document 45 Filed 02/11/26 Page 7 of 7
Respectfully submitted,
PETITIONER:
BARRY ATLAS
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PET ONER: OF THE ATTORNEY GENERAL:
~d:£.v..'rb. Q ~
DAVID J. CARNEY HEATHER L. PEARLMAN
Green & Schafle, LLC Deputy Director
2332 South Broad Street Torts Branch
Philadelphia, PA 19145 Civil Division
215-326-9256 U.S. Department of Justice
dcarney@green legalteam .com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTA T JVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S.
~=~s9nedbyJeffrey
-S
Beach Date: 2025.12.11 09-.27:08
:<>S'OQ' for ~w.i.. {;f.wn.f.
CAPT GEORGE REED GRIMES, MD, MPH TIIERJNEWARDS
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 20044-0 I 46
5600 Fishers Lane, I 4 W-1 8 202-742-63 74
Rockville, MD 20857 Katherine.Edwards2@usdoj.gov
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