VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00735
Package ID: USCOURTS-cofc-1_23-vv-00735
Petitioner: John Masiero
Filed: 2025-06-25
Decided: 2025-07-28
Vaccine: Tdap
Vaccination date: 2022-06-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
John Masiero filed a petition for compensation under the National Vaccine Injury Compensation Program on May 19, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on June 17, 2022. The case was assigned to the Special Processing Unit. Respondent denied that Mr. Masiero sustained a Table SIRVA or that the vaccine caused his injury. However, the parties reached a joint stipulation to settle the issues. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Pursuant to the stipulation, Mr. Masiero was awarded a lump sum payment of $55,000.00, to be paid via ACH deposit to his counsel's IOLTA account for prompt disbursement. This amount is intended to compensate for all damages available under Section 15(a) of the Vaccine Act. The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs. The decision was issued on July 28, 2025. Petitioner was represented by Michael G. McLaren of Black McLaren, et al., PC, and Respondent was represented by Sarah C. Duncan of the U.S. Department of Justice.

Theory of causation field:
Petitioner John Masiero alleged a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on June 17, 2022. SIRVA is listed on the Vaccine Injury Table. Respondent denied a Table SIRVA and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $55,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The parties also agreed to pursue attorneys' fees and costs separately. The decision was issued on July 28, 2025. Petitioner was represented by Michael G. McLaren, and Respondent by Sarah C. Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00735-0
Date issued/filed: 2025-07-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/25/2025) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:23-vv-00735-UNJ Document 36 Filed 07/28/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-735V
JOHN MASIERO, Chief Special Master Corcoran
Petitioner, Filed: June 25, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for Petitioner.
Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 18, 2023, John Masiero 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”) after receiving a tetanus, diphtheria, and acellular pertussis
(“Tdap”) vaccination on June 17, 2022. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 25, 2025, Respondent filed the attached joint stipulation,3 requesting that
I issue a decision awarding $55,000.00 to Petitioner. Stipulation at ¶ 8. 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).
3Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the
appropriate amount of compensation to be awarded after an entitlement determination. However, in a
minority of cases, the parties may choose to file a joint stipulation instead, representing more of a
compromise regarding the compensation to be awarded.

Case 1:23-vv-00735-UNJ Document 36 Filed 07/28/25 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,Iaward Petitioner a lump
sum payment of $55,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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-00735-UNJ Document 36 Filed 07/28/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOHN MASIERO, )
)
Petitioner, )
) No. 23-735V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
_______________)
STIPULATION
The parties hereby stipulate to the following matters:
1. John Masiero ("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 a tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine, which vaccine is contained in
the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a Tdap vaccine on June 17, 2022.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table, or in the alternative, that his alleged
shoulder injury was caused by the vaccine. He further alleges that he experienced the residual
effects of this condition for more than six months.

Case 1:23-vv-00735-UNJ Document 36 Filed 07/28/25 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.
6. Respondent denies that petitioner sustained a Table SIRVA; denies that the vaccine
caused petitioner's alleged shoulder injury, or any other injury; and denies that his 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 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $55,000.00, to be paid through an ACH deposit to petitioner's
counsel's IOLTA account for prompt disbursement to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
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-21(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 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,
2

Case 1:23-vv-00735-UNJ Document 36 Filed 07/28/25 Page 5 of 7
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 pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 ofthis 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 attorneys' 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 return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his 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 Tdap vaccination administered on or about June 17,
2022, as alleged by petitioner in a petition for vaccine compensation filed on or about May 19,
2023, in the United States Court of Federal Claims as petition No. 23-735V.
3

Case 1:23-vv-00735-UNJ Document 36 Filed 07/28/25 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, 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 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 terms 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 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 Tdap vaccine caused petitioner's alleged
shoulder injury or any other injury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
I
I
4

Case 1:23-vv-00735-UNJ Document 36 Filed 07/28/25 Page 7 of 7
Respectfully submitted,
PETlTIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
u~~~~~1v~l...=b;.·_ ~_ ~ ~ ~ o, ~
1r
M~1i/cti..l:l,gA,.,cKi·i i:
G¥crid a,jl 1~--. HEATHER L. PEAliLMAN
CHRIS J. WEBB Deputy Director
Black McLaren Jones Ryland & Griffee Torts Branch
530 Oak Court Drive, Suite 360 Civil Division
Memphis, 1N 38117 U.S. Department of Justice
Tel: (901) 762-0535 P.O. Box 146
Email: cwebb@blackmclaw.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF TIIE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey
5 Digitally signed by
• Jeffrey S. Beach -S
Beach -5 Date:2025.06.10
for
09-50:28 -<>4'00'
CAPT GEORGE REED GRIMES, MD, MPH SARAH C. DUNCAN
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 20044-0146
5600 Fishers Lane, 08W-25A (202) 5 I 4-9729
Rockville, MD 20857 Sarah.C.Duncan@usdoj.gov
Dated: :Ju\').e. 2.S, '2.0l.S