VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00545 Package ID: USCOURTS-cofc-1_24-vv-00545 Petitioner: Stuart Murphy Filed: 2025-08-05 Decided: 2025-09-08 Vaccine: influenza Vaccination date: 2022-10-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 67500 AI-assisted case summary: Stuart Murphy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 25, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Murphy is entitled to compensation. The respondent concluded that Mr. Murphy's injury is consistent with a SIRVA as defined by the Vaccine Injury Table and that all other legal requirements for compensation have been met. Based on the respondent's concession and the evidence of record, the Chief Special Master found Mr. Murphy entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $67,500.00 for pain and suffering, which Mr. Murphy agreed to. The court awarded Mr. Murphy a lump sum payment of $67,500.00 for pain and suffering. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00545-0 Date issued/filed: 2025-09-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/05/2025) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00545-UNJ Document 30 Filed 09/05/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-545V STUART MURPHY Chief Special Master Corcoran Petitioner, Filed: August 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 10, 2024, Stuart Murphy 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”) vaccination received on October 25, 2022. Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months, that the vaccine was administered within the United States, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. Id. at 1, 4. 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-00545-UNJ Document 30 Filed 09/05/25 Page 2 of 2 On August 1, 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 Conceding Entitlement to Compensation and Proffer of Damages at 1. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury table. Id. at 5. Respondent further agrees that Petitioner has suffered the sequela of his injury for more than six months and all other legal requirements have been met 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00545-1 Date issued/filed: 2025-09-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/05/2025) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00545-UNJ Document 31 Filed 09/08/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-545V STUART MURPHY, Chief Special Master Corcoran Petitioner, Filed: August 5, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Alexander Tierney, Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 10, 2024, Stuart Murphy 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 an influenza vaccination received on October 25, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 5, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 1, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00 for pain and suffering. Respondent’s Rule 4(c) Report Conceding Entitlement to Compensation and Proffer of Damages at 6. 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-00545-UNJ Document 31 Filed 09/08/25 Page 2 of 2 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 Proffer, I award Petitioner a lump sum payment of $67,500.00 for 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