VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00829
Package ID: USCOURTS-cofc-1_24-vv-00829
Petitioner: Michael Clayton
Filed: 2025-01-17
Decided: 2025-06-30
Vaccine: influenza
Vaccination date: 2022-11-16
Condition: septic arthritis of his right shoulder joint and osteomyelitis of his right upper extremity
Outcome: compensated
Award amount USD: 162733

AI-assisted case summary:
Michael Clayton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) or, in the alternative, that his injuries were caused in fact by an influenza vaccination he received on November 16, 2022. He further alleged that his injuries resulted in residual effects lasting more than six months. The respondent conceded that Mr. Clayton is entitled to compensation, stating that he developed septic arthritis of his right shoulder joint and osteomyelitis of his right upper extremity, which was more likely than not caused in fact by the flu vaccine administered at the same location. The respondent also agreed that Mr. Clayton met the statutory requirement for injury duration. Based on the respondent's concession and the evidence, the court found Mr. Clayton entitled to compensation. Subsequently, the parties reached a stipulation for damages. The court awarded Mr. Clayton a total of $162,733.29, comprising $145,000.00 for pain and suffering and $17,733.29 to satisfy a State of Colorado Medicaid lien. The award represents compensation for all damages available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00829-0
Date issued/filed: 2025-02-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/17/2025) regarding 15 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-00829-UNJ Document 19 Filed 02/21/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0829V
MICHAEL CLAYTON,
Chief Special Master Corcoran
Petitioner,
v.
Filed: January 17, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 29, 2024, Michael Clayton 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 defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, or in
the alternative, that his injuries were “caused in fact” by an influenza (“flu”) vaccination
received on November 16, 2022. Petition at 1, 7. Petitioner further alleges that he
suffered the residual effects of his injury for more than six months. Petition at 6. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 17, 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 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-00829-UNJ Document 19 Filed 02/21/25 Page 2 of 2
1. Specifically, Respondent state that “petitioner developed septic arthritis of his right
shoulder joint and osteomyelitis of his right upper extremity, which was more likely than
not caused in fact by administration of the November 16, 2022 flu vaccine at the same
location. No other causes for petitioner’s septic arthritis and osteomyelitis have been
identified.” Id. at 7. Respondent further agrees that “petitioner has satisfied the statutory
requirement that petitioner’s injury lasted for at least six months, or resulted in ‘inpatient
hospitalization and surgical intervention’ as required by 42 U.S.C. § 300aa-
11(c)(1)(D)(i),(iii). Therefore, based on the record as it now stands, petitioner has satisfied
all legal prerequisites for compensation under the Act.” Id. at 7-8.
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-00829-1
Date issued/filed: 2025-06-30
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/30/2025) 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-00829-UNJ Document 30 Filed 06/30/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0829V
MICHAEL CLAYTON, Chief Special Master Corcoran
Petitioner,
v. Filed: May 30, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 29, 2024, Michael Clayton 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”), as defined in the Vaccine Injury Table, 42 C.F.R. § 100.3, or in
the alternative, that his injuries were “caused in fact” by an influenza (“flu”) vaccination
received on November 16, 2022. Petition at 1, 7. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 17, 2025, a ruling on entitlement was issued, finding Petitioner entitled
to compensation. On May 29, 2025, Respondent filed a proffer on award of compensation
(“Proffer”) indicating Petitioner should be awarded a total of $145,000.00 for his pain and
suffering and $17,733.29 in satisfaction of a State of Colorado Medicaid lien. Proffer at 1-
2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
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-00829-UNJ Document 30 Filed 06/30/25 Page 2 of 5
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 the
following:
A. a lump sum payment of $145,000.00, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.
B. A lump sum payment of $17,733.29, representing compensation for
satisfaction of the State of Colorado Medicaid lien, in the form of a check
payable jointly to petitioner and:
Colorado Department of Health Care Policy & Financing
ATTN: Stephanie Monterroso
303 E. 17th Avenue
Denver, CO 80203
Petitioner agrees to endorse the check to Colorado Department of Health Care Policy &
Financing for satisfaction of the Medicaid lien. These amounts represent 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-00829-UNJ Document 30 Filed 06/30/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL CLAYTON,
Petitioner, No. 24-829V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
On May 29, 2024, Michael Clayton (“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”), or in the alternative, that his injuries were “caused in fact” by an influenza vaccination
received on November 16, 2022. Petition at 1, 7. On January 17, 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, and the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 14; ECF No. 15.
I. Compensation for Vaccine Injury-Related Items
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $145,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Colorado Medicaid lien in the amount of $17,733.29, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of Colorado may have

Case 1:24-vv-00829-UNJ Document 30 Filed 06/30/25 Page 4 of 5
against any individual as a result of any Medicaid payments the State of Colorado has made to or
on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in
this case as a result of his alleged vaccine-related injury suffered on or about November 16,
2022, under Title XIX of the Social Security Act.
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
The parties recommend that compensation provided to petitioner should be made through
two lump sum payments described below, and request that the Chief Special Master’s decision
and the Court’s judgment award the following: 1
A. A lump sum payment of $145,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; and
B. A lump sum payment of $17,733.29, representing compensation for satisfaction of
the State of Colorado Medicaid lien, in the form of a check payable jointly to
petitioner and:
Colorado Department of Health Care Policy & Financing
ATTN: Stephanie Monterroso
303 E. 17th Avenue
Denver, CO 80203
Petitioner agrees to endorse the check to Colorado Department of Health Care Policy &
Financing for satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
YAAKOV M. ROTH
Acting Assistant Attorney General
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 medical
expenses, future pain and suffering, and future lost wages.
2

Case 1:24-vv-00829-UNJ Document 30 Filed 06/30/25 Page 5 of 5
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Margaret Armstrong
MARGARET ARMSTRONG
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) 616-4043
E-mail: margaret.armstrong@usdoj.gov
DATED: May 29, 2025
3