VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00244 Package ID: USCOURTS-cofc-1_24-vv-00244 Petitioner: Richard Urias Filed: 2025-04-18 Decided: 2025-05-22 Vaccine: influenza Vaccination date: 2022-10-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 19500 AI-assisted case summary: Richard Urias filed a petition for compensation under the National Vaccine Injury Compensation Program on April 18, 2025, alleging that he suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of his influenza vaccination on October 3, 2022. He stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that he had not received a prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Mr. Urias sustained a SIRVA Table injury or that the flu vaccine caused his alleged injury. Despite these differing positions, the parties filed a joint stipulation on April 17, 2025, agreeing to settle the case and award compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr. Urias was awarded a lump sum of $19,500.00, representing compensation for all damages available under the Vaccine Act. This amount was to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement. The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. The stipulation included a release of all claims against the United States and the Secretary related to the flu vaccination. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00244-0 Date issued/filed: 2025-05-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/18/2025) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00244-UNJ Document 33 Filed 05/22/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-244V RICHARD URIAS, Chief Special Master Corcoran Petitioner, Filed: April 18, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Hess, Shannon Law Group, Woodridge, IL, for Petitioner. Irene Angelica Firippis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 16, 2024, Richard Urias 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 injury – shoulder injury related to vaccine administration (“SIRVA”) as a result of his October 3, 2022 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed April 17, 2025, ¶¶ 1-2, 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. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 3, 31, 34-35. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner's alleged SIRVA, or any other injury; and denies that [P]etitioner ‘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-00244-UNJ Document 33 Filed 05/22/25 Page 2 of 7 Nevertheless, on April 17, 2025, 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. Pursuant to the terms stated in the attached Stipulation,3 I award the following compensation: A lump sum of $19,500.00, 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 Envelope Data form on page six of the parties’ Stipulation at ECF No. 26 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-00244-UNJ Document 33 Filed 05/22/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RICHARD URIAS, Petitioner, V. No. 24-0244V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Richard Urias ("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 the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a flu vaccination on October 3, 2022. 3. The flu vaccine was administered within the United States. 4. Petitioner alleges that he sustained a Table 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 he 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 his behalf as a result of his condition. l ENV62185715-4196-FBAC..1348-CDCD 04/10/2025 23:47 PM UTC Case 1:24-vv-00244-UNJ Document 33 Filed 05/22/25 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 sequela 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-2 l (a)( l }, the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $19,S00.0O 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 under42 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-2 l (aX 1) , and an application, the parties wil1 submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and his 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 under42 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 ENV62185715-4196-FBAC-1348-COCD 04/10/2025 23:47 PM UTC Case 1:24-vv-00244-UNJ Document 33 Filed 05/22/25 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-1S(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-l O 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 ofp etitioner resulting from, or alleged to have resulted from, the flu vaccination or any other vaccination administered on October 3, 2022, as alleged in a petition for vaccine compensation filed on or about February 16, 2024 in the United States Court of Federal Claims as petition No. 24-244V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 1S . If the 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 3 ENV62185715-4196-FBAC-1348-CDCD 04/10/2025 23:47 PM UTC Case 1:24-vv-00244-UNJ Document 33 Filed 05/22/25 Page 6 of 7 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 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 Jiability 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 or any other vaccination caused petitioner's a11eged SIRVA 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 STlPULA TlON 4 ENV62185715-4196-FBAC-1348-CDCD 04/10/2025 23:47 PM UTC Case 1:24-vv-00244-UNJ Document 33 Filed 05/22/25 Page 7 of 7 Respectfully submitted, PETITIONER: ~~ RICHARD URIAS ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: . 4A<~.P<~ ELIZABETH HESS HEATHER L. PEARLMAN Shannon Law Group Deputy Director 6825 Hobson Valley Drive Torts Branch Suite 101 Civil Division Woodridge, IL 60517 U.S. Department of Justice (312) 578-9501 P.O. Box 146 ehess@shannonlawgroup.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENiT : AND HUMAN SERVICES: Jeffrey S. DigitallyslgnedbyJeffrey S.8each-S ~ Beach _5 ~~~~~02s.04.oa 1•:33:46 for . ::::::: :::::::::.:::~- CAPT GEORGE REED GR1MES, l\ID, MPH ~F-IR- IPP_IS_ ----~- 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) 305-3250 Rockville, MD 20857 irene.a.firippis@usdoj.gov Dated: 1-1 - I 1 -2o 2:r 5 ENV62185715-4196-FBAC-1348-CDCD 04/10/2025 23:47 PM UTC