VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00937
Package ID: USCOURTS-cofc-1_24-vv-00937
Petitioner: Devin Hight
Filed: 2024-06-20
Decided: 2025-11-04
Vaccine: influenza
Vaccination date: 2023-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 58500.88

AI-assisted case summary:
On June 20, 2024, Devin Hight filed a petition alleging that an influenza vaccination administered on October 11, 2023 caused a Table shoulder injury related to vaccine administration. He alleged that the vaccine was administered in the United States, that residual effects lasted more than six months, and that he had not received prior compensation for the injury.

Respondent filed a Rule 4(c) report conceding entitlement, stating that Mr. Hight's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the legal prerequisites were satisfied. The public entitlement and damages decisions do not describe the first symptom, onset narrative, treatment, imaging, injections, therapy, or functional limitations.

Chief Special Master Brian H. Corcoran found entitlement on June 23, 2025. On November 4, 2025, he awarded $58,500.88: $57,500.00 for pain and suffering and $1,000.88 for past unreimbursable expenses, payable through counsel's IOLTA account. Mr. Hight was represented by Kirk Otto and Kirk Tripp Otto of Rawls Law Group.

Theory of causation field:
Adult petitioner; influenza vaccine October 11, 2023; Table SIRVA. COMPENSATED. Respondent conceded Table SIRVA and legal prerequisites; public text lacks clinical chronology. Entitlement June 23, 2025; damages November 4, 2025. Award $58,500.88 = $57,500 pain/suffering + $1,000.88 expenses. Petition filed June 20, 2024. Attorneys: Kirk Otto/Kirk Tripp Otto.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00937-0
Date issued/filed: 2025-07-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/23/2025) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00937-UNJ Document 26 Filed 07/25/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0937V
DEVIN HIGHT, Chief Special Master Corcoran
Petitioner, Filed: June 23, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kirk Otto, Rawls Law Group (Richmond), Richmond, VA, for Petitioner.
Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 20, 2024, Devin Hight 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October
11, 2023. Petition at 1, ¶¶ 2, 15. Petitioner further alleges that he received the vaccine
within the United States, that he suffered the residual effects of his SIRVA injury for more
than six months, and that neither he nor any other party has filed a civil action or received
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-00937-UNJ Document 26 Filed 07/25/25 Page 2 of 2
compensation for his SIRVA. Id. at ¶¶ 2, 15, 17-18. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 20, 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 alleged injury is consistent
with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees
that based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites
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

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00937-1
Date issued/filed: 2025-12-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/04/2025) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-00937-UNJ Document 40 Filed 12/15/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0937V
DEVIN HIGHT, Chief Special Master Corcoran
Petitioner, Filed: November 4, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kirk Tripp Otto, Rawls Law Group, Richmond, VA, for Petitioner.
Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 20, 2024, Devin Hight 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October
11, 2023. Petition at 1, ¶¶ 2, 15. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 23, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On November 4, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $58,500.88,
representing $57,500.00 for pain and suffering and $1,000.88 for past 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-00937-UNJ Document 40 Filed 12/15/25 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 $58,500.88, representing $57,500.00 for pain and suffering and
$1,000.88 for actual unreimbursable expenses, 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-00937-UNJ Document 40 Filed 12/15/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DEVIN HIGHT,
Petitioner,
v. No. 24-937
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION1
On June 20, 2024, Devin Hight (“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 sustained a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following receipt of an influenza vaccine on
October 11, 2023. Petition at 1. On June 20, 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 July 25, 2025, the Chief Special
Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 23;
ECF No. 26.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
the following:
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after
the Damages Decision is issued.

Case 1:24-vv-00937-UNJ Document 40 Filed 12/15/25 Page 4 of 5
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering
damages. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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 $1,000.88. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
The above 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/Recommended Payment
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following: 2
A lump sum payment of $58,500.88 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner, Devin Hight.
Petitioner is a competent adult. Proof of guardianship is not required in this case.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
2 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-00937-UNJ Document 40 Filed 12/15/25 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Michael S. Bliley
MICHAEL S. BLILEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4357
Michael.Bliley@usdoj.gov
Date: November 4, 2025
3