VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00329
Package ID: USCOURTS-cofc-1_24-vv-00329
Petitioner: John Battaglia
Filed: 2024-03-01
Decided: 2025-04-04
Vaccine: influenza
Vaccination date: 2022-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
John Battaglia filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccine he received on October 24, 2022. He further alleged that he suffered residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner's injury was consistent with SIRVA, noting that he had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the vaccinated shoulder. The respondent also agreed that the petitioner suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding John Battaglia entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $20,000.00 for pain and suffering, which the petitioner agreed to. The court awarded John Battaglia a lump sum payment of $20,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00329-0
Date issued/filed: 2025-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2025) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00329-UNJ Document 22 Filed 02/24/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-329V
JOHN BATTAGLIA, Chief Special Master Corcoran
Petitioner, Filed: January 24, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 1, 2024, John Battaglia 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 that he suffered a Table injury – shoulder injury
related to vaccine administration (“SIRVA”) - as the result of influenza (“flu”) vaccine
received on October 24, 2022. Petition at 1. Petitioner further alleges that 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. Petition at
¶¶ 8 - 10. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00329-UNJ Document 22 Filed 02/24/25 Page 2 of 2
On January 13, 2025, 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. Specifically, Respondent states that the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”)
has reviewed the petition and medical records filed in this case and has
concluded that compensation is appropriate. DICP has concluded that
petitioner’s alleged injury is consistent with SIRVA as defined by the
Vaccine Injury Table. Specifically, petitioner had no history of pain,
inflammation, or dysfunction of his right shoulder prior to vaccination; pain
occurred within forty-eight hours after receipt of an intramuscular
vaccination; pain and reduced ROM were 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 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that “[P]etitioner
suffered the residual effects of his condition for more than six months. Therefore, based
on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. (citing U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-
11(c)(1)(D)(i)).
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-00329-1
Date issued/filed: 2025-04-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/28/2025) regarding 24 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00329-UNJ Document 29 Filed 04/04/25 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-329V
JOHN BATTAGLIA, Chief Special Master Corcoran
Petitioner, Filed: February 28, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Shelly Jock, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 1, 2024, John Battaglia 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 the result of influenza (“flu”) vaccine received on
October 24, 2022. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On January 24, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On February 26, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $20,000.00 in pain
and suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner
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-00329-UNJ Document 29 Filed 04/04/25 Page 2 of 4
agrees 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 $20,000.00 (representing pain and suffering) 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-00329-UNJ Document 29 Filed 04/04/25 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOHN BATTAGLIA, )
)
Petitioner, )
) No. 24-329V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 1, 2024, John Battalgia (“petitioner”) filed a petition for compensation under
the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”
or “Act”), alleging that he suffered a Table shoulder injury related to vaccine administration
(“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 24, 2022.
Petition at 1. On January 13, 2025, 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 injury, and on January 24, 2025, 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 $20,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). 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

Case 1:24-vv-00329-UNJ Document 29 Filed 04/04/25 Page 4 of 4
lump sum payments as described below and requests that the Chief Special Master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $20,000.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner.
:
Respectfully submitted,
MICHAEL GRANSTON
Deputy Assistant Attorney General
Civil Division
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK.
Assistant Director
Torts Branch, Civil Division
/s/ Shelly Jock
SHELLY JOCK
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) 305-3155
shellyjock@usdoj.gov
DATED: February 26, 2025
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