VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00278 Package ID: USCOURTS-cofc-1_24-vv-00278 Petitioner: Lavall T. Lee Filed: 2024-12-03 Decided: 2025-01-07 Vaccine: influenza Vaccination date: 2022-11-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Lavall T. Lee filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2024, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 23, 2022. He further alleged that the residual effects of his injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner is entitled to compensation. The respondent indicated that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner has satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Lavall T. Lee is entitled to compensation, with the case proceeding to damages. Petitioner was represented by Scott B. Taylor of Urban & Taylor, S.C., and the respondent was represented by Austin Joel Egan of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, diagnostic tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Lavall T. Lee received an influenza vaccination on November 23, 2022, and subsequently alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent, Secretary of Health and Human Services, conceded entitlement, stating the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 7, 2025, finding petitioner entitled to compensation. The case proceeds to damages. Petitioner counsel was Scott B. Taylor, and respondent counsel was Austin Joel Egan. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00278-0 Date issued/filed: 2025-01-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/03/2024) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00278-UNJ Document 29 Filed 01/07/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-278V LAVALL T. LEE, Chief Special Master Corcoran Petitioner, Filed: December 3, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 21, 2024, Lavall T. Lee (“Petitioner”) 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 receiving an influenza (“flu”) vaccination on November 23, 2022. Pet., ECF No. 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 29, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1, ECF No. 25. Specifically, Respondent indicated that “[P]etitioner’s alleged 1 Because this Ruling 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 Ruling 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-00278-UNJ Document 29 Filed 01/07/25 Page 2 of 2 injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent does not dispute that Petitioner “has satisfied all legal prerequisites for compensation under the Act.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2