VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00603 Package ID: USCOURTS-cofc-1_23-vv-00603 Petitioner: Jody Gorran Filed: 2025-01-03 Decided: 2025-02-24 Vaccine: influenza Vaccination date: 2021-09-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Jody Gorran filed a petition for compensation under the National Vaccine Injury Compensation Program on January 3, 2025, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 3, 2021. The petition stated that the injury caused residual effects for more than six months and that there had been no prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Mr. Gorran sustained a SIRVA Table injury, denied that the flu vaccine caused the alleged SIRVA or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 31, 2024, agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation as the decision, awarding Mr. Gorran a lump sum of $65,000.00. This amount represents compensation for all items of damages available under the program. The case proceeded as a Table claim, and the parties stipulated to the damages. The decision was issued on February 24, 2025. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00603-0 Date issued/filed: 2025-02-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/03/2025) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00603-UNJ Document 32 Filed 02/24/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-603V JODY GORRAN, Chief Special Master Corcoran Petitioner, Filed: January 3, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 28, 2023,Jody Gorranfiled 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 hesuffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on September 3, 2021. Petition at 1; Stipulation, filed at December 31, 2024, ¶¶ 2-4. Petitioner further alleges he experienced the residual effects of this condition for more than six months and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of the alleged injury. Stipulation at ¶¶ 4-5. “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. ” Stipulation at ¶ 6. Nevertheless, on December 31, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 1Because 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. 2National 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-00603-UNJ Document 32 Filed 02/24/25 Page 2 of 7 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 lump sum of $65,000.00 in the form of a check payable 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.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-00603-UNJ Document 32 Filed 02/24/25 Page 3 of 7 Vinesign Document ID: 1B279D19-4B54-4A9E-9DE8-49ED9B1ACD10 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JODY OORRAN, ) ) Petitioner, ) ) No.23-603V v. ) Chief Special Master Corcoran ) ECF ) SECRETA RY OF HEALT H AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: I. Jody Gorran (''petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt ofa n influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a). 2. Petitioner received a flu vaccine on September 3, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration ("SlRVA" ) within the time period set forth in the Table following administration oft he 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 ofa civil action for damages on petitioner's behalf as a result oft he alleged injury. The signed document can be validated at https://app. vinesign.comNerify Case 1:23-vv-00603-UNJ Document 32 Filed 02/24/25 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 irtjury. 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 oft his Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(l ), the Secretary ofH ealth and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $65,000.00 in the form ofa check payable to petitioner. 9. As soon as practicabJe 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 l (a)(l) , 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• l 5(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 oft he 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-00603-UNJ Document 32 Filed 02/24/25 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 oft his Stipulation 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 unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit ofp etitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of4 2 U.S.C. § 300aa-15(g) and (h). 13. 1n return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of 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 ofw hatever 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 September 3, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about April 28, 2023, in the United States Court of Federal Claims as petition No. 23·603 V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf ofe ither or both oft he parties. 3 Case 1:23-vv-00603-UNJ Document 32 Filed 02/24/25 Page 6 of 7 IS. Ift he special master fails to issue a decision in complete confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a decision that is in complete conformity with the terms oft his Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion ofe ither party. 16. This Stipulation expresses a full and complete negotiated settlement 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 oft he parties hereto to make any payment or to do any act or thine other than is hen:in expressly stated ' and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise oft he parties' respective positions as to liability and/or amount ofd amages, and further, that a change in the nature of the injury or condition or in the items ofc ompensation 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 shoulder injury 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 ofp etitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:23-vv-00603-UNJ Document 32 Filed 02/24/25 Page 7 of 7 Respectfully submitted. PETITIONER: JODYGORRAN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE AT IORNEY GENERAL: M1'\ ~~a.~,""4--£-e-t, HEATHER L. PEARLMAN ~ MULLER BRAZIL Deputy Director 715 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885•1655 U.S. Department of Justice paul@mullerbrazil.com P.O.Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTA TNE AI TORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. ~!~~nedbyJeffrey -S Beach Date:2024.12.1708:3S:22 :9$'90' for CAPT GEORGE REED GRIMES. MD, MPH Director, Division of Injury Compensation Programs Health Systems Bureau Civil Division Health Resources and Services U.S. Department ofJ ustice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 305-3781 Rockville, MD 20857 nina.ren@usdoj.gov ?1 (~31 ( Dated: s