VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00599
Package ID: USCOURTS-cofc-1_24-vv-00599
Petitioner: John Sproul
Filed: 2024-04-17
Decided: 2025-02-24
Vaccine: influenza
Vaccination date: 2022-10-20
Condition: left shoulder injury related to vaccination administration (SIRVA)
Outcome: compensated
Award amount USD: 64918

AI-assisted case summary:
John Sproul filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2022. He claimed his symptoms persisted for more than six months. The respondent conceded that Mr. Sproul's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior shoulder issues, the pain began within 48 hours of vaccination, was localized to the injection site, and no other explanation for the pain was identified. The respondent also agreed that Mr. Sproul experienced residual effects for over six months and that there was no evidence of an unrelated cause. Based on the respondent's concession and the evidence, entitlement to compensation was granted. The parties subsequently filed a joint stipulation agreeing to an award of $64,918.79 for all damages available under the program. This amount was awarded as a lump sum payment to Mr. Sproul.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00599-0
Date issued/filed: 2025-02-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2024 ) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00599-UNJ Document 33 Filed 02/04/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0599V
JOHN SPROUL,
Chief Special Master Corcoran
Petitioner,
v.
Filed: December 10, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 17, 2024, John Sproul 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 shoulder injury related to vaccine
administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on
October 20, 2022. Petition at 1. Petitioner further alleges that he suffered the residual
effects of his condition for more than six months. Petition at 13. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 10, 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. Specifically, Respondent states that Petitioner’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-00599-UNJ Document 33 Filed 02/04/25 Page 2 of 2
SIRVA as defined by the Vaccine Injury Table. Id. at 4. Respondent further agrees that
“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 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 . . . Additionally, based on the medical records outlined above,
petitioner 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-00599-1
Date issued/filed: 2025-02-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/23/2025) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00599-UNJ Document 34 Filed 02/24/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0599V
JOHN SPROUL, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 17, 2024, John Sproul 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 shoulder injury related to
vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on October 20, 2022. Petition at 1; Stipulation, filed at January 23, 2025, ¶¶ 1-
4. Petitioner further alleges that his symptoms continued for more than six months.
Petition at 13; Stipulation at ¶ 4. Respondent agrees that “Petitioner sustained a left
shoulder injury related to vaccination administration (‘SIRVA’) within the time period set
forth in the Table following receipt of the flu vaccine, and experienced the residual
effects of a SIRVA injury for more than six months.” Stipulation at ¶ 4. Respondent
further agrees that there “is not a preponderance of evidence demonstrating that
petitioner’s injury is due to a factor unrelated to vaccination,” and therefore, “petitioner is
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-00599-UNJ Document 34 Filed 02/24/25 Page 2 of 8
entitled to compensation under the terms of the Vaccine Act for [his] SIRVA Table
injury.” Id. at ¶¶ 4-7.
On January 23, 2025, the parties filed the attached joint stipulation, stating that a
decision should be entered awarding compensation. I find the stipulation reasonable and
adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $64,918.79, in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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-00599-UNJ Document 34 Filed 02/24/25 Page 3 of 8
1 •
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
}
JOHN SPROUL, )
)
Petitioner, }
) No. 24-599V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALT H AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. John Sproul, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenz.a ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 20, 2022.1
3. The vaccination was administered within the United States.
4. Petitioner sustained a left shoulder injury related to vaccination administration
1 On October 20, 2022, petitioner received a COVID-19 vaccine. Vaccines against COVID-19
are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R.
§ I 00.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),
claims for alleged injuries from COVID-19 countenneasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85 Fed.
Reg. 15 I 98, 15202 (March 17, 2020).

Case 1:24-vv-00599-UNJ Document 34 Filed 02/24/25 Page 4 of 8
("SIRVA") within the time period set forth in the Table following receipt of the flu vaccine, and
experienced the residual effects of a SIRVA injury for more than six months.
5. There is not a preponderance of evidence demonstrating that petitioner's injury is due
to a factor unrelated to vaccination.
6. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner's behalf as a result of petitioner• s condition.
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for her SIRVA Table injury. Therefore, a decision should be entered awarding the compensation
described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$64,918.79 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l5(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has tiled both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and petitioner's attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U .S.C. § 300aa-15(g), to the extent that payment has been made or can

Case 1:24-vv-00599-UNJ Document 34 Filed 02/24/25 Page 5 of 8
reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i ), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l S(a) and (d), and subject to the conditions of4 2 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or
assigns, (a) does forever irrevocably and unconditionally release, acquit, and discharge the
United States and the Secretary of Health and Human Services from any and all actions or causes
of action (including agreements, judgments, claims, damages, loss of services, expenses, and all
demands of whatever kind or nature) that have been brought, could have been brought, or
hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., (i) on account of, or in any way growing
out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or that may be alleged to have resulted from, the vaccinations
administered on October 20, 2022, and (ii) that petitioner has had, now has, or hereafter may
have with respect to the injury that gave rise to the petition for vaccine compensation filed on or

Case 1:24-vv-00599-UNJ Document 34 Filed 02/24/25 Page 6 of 8
about April 17, 2024, in the United States Court of Federal Claims as petition No. 24-599V; and
(b) waives any and all rights to any compensation that may be available under the
Countermeasures Injury Compensation Program (CJCP), 42 U.S.C. § 247d-6e (or an action
under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the
COVID-19 vaccination administered on October 20, 2022, on its own or in combination with the
flu vaccination administered on October 20, 2022, caused or seriously aggravated the injuries
that were the subject of the petition for vaccine compensation filed on or about April 17, 2024, in
the United States Court of Federal Claims as petition No. 24-S99V, including a shoulder injury,
for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such
a claim currently pending with the CICP, petitioner hereby withdraws such claim for
compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the
date this Stipulation is tiled, petitioner waives the right to file a claim as described in this
paragraph for compensation in the CICP.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. rf the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
2 After entry ofj udgment reflecting a decision consistent with the tenns of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their C[CP claim and waiver of any potential compensation under the CICP.

Case 1:24-vv-00599-UNJ Document 34 Filed 02/24/25 Page 7 of 8
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to amount of
damages, and further, that a change in the nature of the injury or condition or in the items of
compensation sought, is not grounds to modify or revise this agreement.
l 7. The Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's shoulder injury
or any other injury or her current condition; however, petitioner has satisfied the Table criteria to
establish entitlement to compensation.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION

Case 1:24-vv-00599-UNJ Document 34 Filed 02/24/25 Page 8 of 8
.
'
Respectfully submitted,
PETmONER:
JOHN~
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~~f.t~
. HOWIE.JR.
Coun I for Petitioner Deputy Director
HOWlE LAW, P.C. Torts Branch, Civil Division
2608 Hibernia Street U.S. Department of Justice
Dallas, Texas 75204 P.O. Box 146
(214) 622-6340 Benjamin Franklin Station
jhowie@howielaw.net Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARVOFHEALffl RESPONDENf:
AND HUMAN SERVICES:
Jeffrey S Dlgl~llyslgned by
• Jeffreo/ S. Beach ·S
Beach -$ Oate:2025.01.13 fi
, 0:47:06-os' 00' or
CAPT GEORGE REED GRIMES, MD, MPH CAMil.LE J. WEBSTER
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department ofJ ustice
Health Resources and Services Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A (202) 307-3241
Rockville, Md 20857 camille.wcbstcr@usdoj.gov
l / Z3
Dated: / i'l