VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01281
Package ID: USCOURTS-cofc-1_23-vv-01281
Petitioner: Andrew Luksch
Filed: 2023-07-26
Decided: 2026-06-26
Vaccine: influenza
Vaccination date: 2020-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Andrew Luksch filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 26, 2020. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused his alleged injury. Nevertheless, the parties filed a joint stipulation agreeing to settle the case. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Petitioner was awarded a lump sum of $25,000.00 for all items of damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-01281-0
Date issued/filed: 2026-08-14
Pages: 6
Docket text: PUBLIC DECISION (Originally filed: 06/26/2026 ) regarding 31 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:23-vv-01281-UNJ Document 37 Filed 08/14/26 Page 1 of 6
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-1281V
ANDREW LUKSCH, Chief Special Master Corcoran
Petitioner, Filed: June 26, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 26, 2023, Andrew Luksch 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 from a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine administered on October 26,
2020. Petition at 1; Stipulation, filed at June 23, 2026, ¶¶ 1, 2. Petitioner further alleges
that the vaccine was administered within the United States, that he experienced the
residual effects of his condition for more than six months, and that there has been no
award or settlement of a civil action for damages on his behalf as a result of his injury.
Petition at 1, 4-5; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a
SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged SIRVA, or any
other injury; and denies that Petitoiner’s current condition is a sequela of a vaccine-related
injury. Stipulation at ¶ 6.
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-01281-UNJ Document 37 Filed 08/14/26 Page 2 of 6
Nevertheless, on June 23, 2026, the parties filed the attached joint stipulation
stating that a decision should be entered awarding compensation.3 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 lump sum of $25,000.00, 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 RSign signature page located at page 5 is omitted from the attached copy of the stipulation.
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-01281-UNJ Document 37 Filed 08/14/26 Page 3 of 6
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANDREW LUK.SCH,
Petitioner,
V. No. 23-1281 V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Andrew Luksch ("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 26, 2020.
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.
RSlgn Envelope ID: ENV81283931.9788-EDCA-9869-CAM 06/17/202615:27 PM VTC

Case 1:23-vv-01281-UNJ Document 37 Filed 08/14/26 Page 4 of 6
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 sequela of a vaccine-related injury.
7. Maintaining thcir 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 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 for all damages that would be available under 42
U.S.C. § 300aa-15(a):
A lump sum of $25,000.00 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-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.
lO. 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-15(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
RSign Envelope 10: ENV81283931-9788-EDCA-9869-CMA 06/17/202615:27 PM UTC

Case 1:23-vv-01281-UNJ Document 37 Filed 08/14/26 Page 5 of 6
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-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 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 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 Hwnan 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 26, 2020, as alleged in a petition for vaccine compensation filed on or about August I 0,
2023, in the United States Court of Federal Claims as petition No. 23-1281V.
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.
3
RSign Envelope ID: ENV81283931-9788-eOCA--9869·CAM 06/17/202615:27 PM UTC

Case 1:23-vv-01281-UNJ Document 37 Filed 08/14/26 Page 6 of 6
Respectfully submitted,
PETITIONER:
ANDREW LUKSCH
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
M4,A., c£U,,. ~« lV/"'> ,
HEATHER L. PEARLMAN
Shanno Law Group, P.C. Deputy Director
6825 obson Valley Drive Torts Branch
Woodridge, Illinois 60517 Civil Division
312•578-950 I U.S. Department of Justice
jsvitak@shannonlawgroup.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE AT IORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S. Digitally signed by Jeffrey
s.
8each-S
Beach _ 5 :~~026.06.1113:20:21 tor ~~io~
CAPT GEORGE REED GRIMES, MD, MPH
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, I4W-18 202-742-6374
Rockville, MD 20857 Katherine. Edwards2@usdoj.gov
5
RSign Envelope ID: ENV81283931-9788-c0CA-9869-CAAA 06117/2026 15:27 PM UTC