VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00359
Package ID: USCOURTS-cofc-1_24-vv-00359
Petitioner: David Phillips
Filed: 2025-01-14
Decided: 2025-03-11
Vaccine: influenza
Vaccination date: 2022-11-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 38515

AI-assisted case summary:
David Phillips filed a petition for compensation under the National Vaccine Injury Compensation Program on March 6, 2024, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 21, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 6, 2025, conceding that Mr. Phillips' injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 14, 2025, finding Mr. Phillips entitled to compensation. Subsequently, on January 29, 2025, the respondent filed a Proffer on Award of Compensation, which Mr. Phillips agreed to. In this proffer, the respondent recommended an award of $38,515.48, comprising $37,500.00 for pain and suffering and $1,015.48 for past unreimbursable expenses. Chief Special Master Corcoran issued a Decision Awarding Damages on March 11, 2025, adopting the terms of the proffer and awarding Mr. Phillips a total of $38,515.48 as a lump sum payment to be disbursed through his counsel's IOLTA account. This award represents compensation for all damages available under the Act. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent was represented by Jeremy Mauritzen of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its consistency with SIRVA. The public decision also does not name any specific medical experts.

Theory of causation field:
Petitioner David Phillips alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on November 21, 2022. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. This concession led to a ruling on entitlement by Chief Special Master Brian H. Corcoran on January 14, 2025. A subsequent proffer on award of compensation, agreed to by the petitioner, was filed by the respondent on January 29, 2025. The final decision on March 11, 2025, awarded $38,515.48, consisting of $37,500.00 for pain and suffering and $1,015.48 for past unreimbursable expenses. The theory of causation relied on the Vaccine Injury Table for SIRVA. No specific medical experts were named in the public documents. Petitioner's counsel was Jonathan Joseph Svitak, and respondent's counsel was Jeremy Mauritzen.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00359-0
Date issued/filed: 2025-02-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/14/2025) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00359-UNJ Document 29 Filed 02/24/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0359V
DAVID PHILLIPS, Chief Special Master Corcoran
Petitioner, Filed: January 14, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Jeremy Mauritzen, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 6, 2024, David Phillips 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”) as a result of an influenza (“flu”) vaccine administered on
November 21, 2022. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 6, 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 “has concluded that [P]etitioner’s injury is consistent with
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-00359-UNJ Document 29 Filed 02/24/25 Page 2 of 2
SIRVA as defied by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that
“[P]etitioner suffered the residual effects of his condition for more than six months.” 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-00359-1
Date issued/filed: 2025-03-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/29/2025) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00359-UNJ Document 30 Filed 03/11/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0359V
DAVID PHILLIPS, Chief Special Master Corcoran
Petitioner, Filed: January 29, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Jeremy Mauritzen, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 6, 2024, David Phillips 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”) as a result of an influenza (“flu”) vaccine administered on
November 21, 2022. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 14, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On January 29, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $38,515.48
(comprised of $37,500.00 in pain and suffering and $1,015.48 in 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-00359-UNJ Document 30 Filed 03/11/25 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 $38,515.48 (comprised of $37,500.00 in pain and suffering and
$1,015.48 in past unreimbursable expenses), to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement. 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-00359-UNJ Document 30 Filed 03/11/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAVID PHILLIPS,
Petitioner,
v. No. 24-359V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 6, 2024, David Phillips (“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 Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine he received on November 21, 2022. Petition at 1. On January 6, 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 Table injury, and on
January 14, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 18; ECF No. 20.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $37,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00359-UNJ Document 30 Filed 03/11/25 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 $1,015.48. 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 following1: a lump sum payment of $38,515.48 to be paid
through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, David Phillips: $38,515.48
Respectfully submitted,
BRETT A. SHUMATE
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
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-00359-UNJ Document 30 Filed 03/11/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ JEREMY MAURITZEN
JEREMY MAURITZEN
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) 307-5710
Jeremy.Mauritzen@usdoj.gov
Dated: January 29, 2025
3