VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00295
Package ID: USCOURTS-cofc-1_24-vv-00295
Petitioner: Charles Middleton
Filed: 2024-02-23
Decided: 2025-03-20
Vaccine: influenza
Vaccination date: 2022-10-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 98745

AI-assisted case summary:
Charles Middleton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 29, 2022. The injury was alleged to have lasted longer than six months. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating that his injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no prior shoulder issues, pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection shoulder. Respondent agreed that Petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on November 7, 2024, finding Petitioner entitled to compensation. Subsequently, on February 12, 2025, Respondent filed a proffer on award of compensation, proposing an award of $98,745.00. This amount comprised $97,500.00 for pain and suffering and $1,245.00 for past unreimbursable expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages on March 20, 2025, awarding Petitioner the lump sum of $98,745.00 as stated in the proffer.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00295-0
Date issued/filed: 2024-12-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/07/2024) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00295-UNJ Document 21 Filed 12/16/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0295V
CHARLES MIDDLETON, Chief Special Master Corcoran
Petitioner, Filed: November 7, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 23, 2024, Charles Middleton 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”) following an influenza vaccination he received on October 29,
2022. Petition at 1. Petitioner further alleges that his injury has lasted longer than six
months. Id. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 4, 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. Respondent states that “Petitioner’s alleged injury is consistent with SIRVA as defined
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-00295-UNJ Document 21 Filed 12/16/24 Page 2 of 2
by the Vaccine Injury Table. Specifically, Petitioner had no history of pain, inflammation,
or dysfunction of his left shoulder prior to vaccination; pain occurred within forty-eight
hours after receipt of an intramuscular vaccination; pain and reduced range of motion was
limited to the shoulder in which the vaccine was administered; and no other condition or
abnormality has been identified to explain Petitioner’s shoulder pain.” Id. at 4. Respondent
further agrees 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

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00295-1
Date issued/filed: 2025-03-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/14/2025) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00295-UNJ Document 29 Filed 03/20/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0295V
CHARLES MIDDLETON, Chief Special Master Corcoran
Petitioner, Filed: February 14, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 23, 2024, Charles Middleton 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”) following an influenza vaccination he received on October 29,
2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 7, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. On February 12, 2025, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $98,745.00,
comprised of $97,500.00 for pain and suffering and $1,245.00 for past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00295-UNJ Document 29 Filed 03/20/25 Page 2 of 5
with the proffered award. Id. Based on the record as a whole, I find that Petitioner is
entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $98,745.00, comprised of $97,500.00 for pain and suffering and
$1,245.00 for past unreimbursable expenses, 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.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 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-00295-UNJ Document 29 Filed 03/20/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHARLES MIDDLETON,
Petitioner,
v. No. 24-295V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 23, 2024, Charles Middleton (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that he suffered a left shoulder
injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, 42
C.F.R. § 100.3, as a result of an influenza (“flu”) vaccine administered on October 29, 2022.
Petition at 1. On November 4, 2024, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms
of the Act for a SIRVA Table injury, and on November 7, 2024, the Chief Special Master issued
a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 17; ECF No. 19.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $97,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00295-UNJ Document 29 Filed 03/20/25 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $1,245.00. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following:1 a lump sum payment of $98,745.00, to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
Respectfully submitted,
BRETT A. SHUMATE
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:24-vv-00295-UNJ Document 29 Filed 03/20/25 Page 5 of 5
JULIA M. COLLISON
Assistant Director
Torts Branch, Civil Division
/s/ Ryan A. Nelson
RYAN A. NELSON
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4027
ryan.nelson3@usdoj.gov
Dated: February 12, 2025
3