VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00123 Package ID: USCOURTS-cofc-1_24-vv-00123 Petitioner: Michael Roberts Filed: 2025-03-17 Decided: 2025-04-17 Vaccine: influenza Vaccination date: 2022-10-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Michael Roberts filed a petition for compensation under the National Vaccine Injury Compensation Program on March 17, 2025. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 22, 2022. Mr. Roberts stated that the vaccine was administered in the United States, that his injury caused residual effects for more than six months, and that he had not received any prior award or settlement for this condition. The Respondent, the Secretary of Health and Human Services, denied that Mr. Roberts sustained a SIRVA Table Injury, denied that the flu vaccine caused his alleged shoulder injury or any other injury, denied that his injury caused residual effects for more than six months, and denied that his current condition was a sequela of a vaccine-related injury. Despite the Respondent's denials, the parties filed a joint stipulation on March 17, 2025, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr. Roberts was awarded a lump sum payment of $10,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case was compensated based on a stipulation between the parties. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00123-0 Date issued/filed: 2025-04-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/17/2025) regarding 23 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00123-UNJ Document 27 Filed 04/17/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-123V MICHAEL ROBERTS, Chief Special Master Corcoran Petitioner, Filed: March 17, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 6, 2024, Michael Roberts 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”) caused by an influenza (“flu”) vaccine administered on October 22, 2022. Petition at 1; Stipulation, filed at March 17, 2025, ¶¶ 1, 2. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that he has not received any prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at 1, 2-3; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA Table Injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury; denies that Petitioner suffered the residual effects of his alleged injury for more than six months; and denies that petitioner’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 1:24-vv-00123-UNJ Document 27 Filed 04/17/25 Page 2 of 7 Nevertheless, on March 17, 2025, 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 Petitioner a lump sum payment of $10,000.00 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 Vinesign completed verification located at page six of the parties’ Stipulation has been 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 1:24-vv-00123-UNJ Document 27 Filed 04/17/25 Page 3 of 7 Case 1:24-vv-00123-UNJ Document 27 Filed 04/17/25 Page 4 of 7 Case 1:24-vv-00123-UNJ Document 27 Filed 04/17/25 Page 5 of 7 Case 1:24-vv-00123-UNJ Document 27 Filed 04/17/25 Page 6 of 7 Case 1:24-vv-00123-UNJ Document 27 Filed 04/17/25 Page 7 of 7