VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00977
Package ID: USCOURTS-cofc-1_24-vv-00977
Petitioner: Jeffrey Clements
Filed: 2024-06-26
Decided: 2025-11-14
Vaccine: influenza; hepatitis B
Vaccination date: 2022-10-14
Condition: bilateral shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 118412.13

AI-assisted case summary:
On June 26, 2024, Jeffrey Clements filed a petition alleging that he received a right-arm influenza vaccination and a left-arm hepatitis B vaccination on October 14, 2022 and then developed bilateral shoulder pain, resulting in Table shoulder injuries related to vaccine administration.

Respondent conceded entitlement in a Rule 4(c) report. The concession stated that Mr. Clements had no history of pain, inflammation, or dysfunction in either affected shoulder before vaccination; that he more likely than not developed pain within forty-eight hours; that pain and reduced range of motion were limited to the vaccinated shoulders; that no other condition explained the symptoms; and that residual effects lasted more than six months. Chief Special Master Brian H. Corcoran found entitlement on May 19, 2025. The public rulings do not provide the detailed medical course, imaging, injections, therapy, or bilateral daily-life limitations.

On November 14, 2025, the Chief Special Master awarded $118,412.13 as a lump sum through counsel's IOLTA account. The award consisted of $115,000.00 for pain and suffering and $3,412.13 for past unreimbursable expenses. Mr. Clements was represented by Paul R. Brazil of Muller Brazil, LLP.

Theory of causation field:
Adult petitioner; right-arm influenza + left-arm hepatitis B vaccines October 14, 2022; bilateral Table SIRVAs. COMPENSATED. Respondent conceded no prior shoulder dysfunction, onset within 48 hours, pain/reduced ROM limited to vaccinated shoulders, no other explanation, and six-month severity. Entitlement May 19, 2025; damages November 14, 2025. Award $118,412.13 = $115,000 pain/suffering + $3,412.13 expenses. Petition filed June 26, 2024. Attorney: Paul R. Brazil.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00977-0
Date issued/filed: 2025-06-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/19/2025) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00977-UNJ Document 21 Filed 06/20/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0977V
JEFFREY CLEMENTS,
Chief Special Master Corcoran
Petitioner,
v. Filed: May 19, 2025
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 26, 2024, Jeffrey Clements 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 received a right arm influenza (“flu”) vaccination
and a left arm hepatitis B (“Hep B”) vaccination, both on October 14, 2022, and thereafter
suffered bilateral shoulder pain, resulting in a Table shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1-2. Petitioner further alleges that he suffered the
residual effects or complications of his injury for more than six months after vaccine
administration. Petition at 2. 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-00977-UNJ Document 21 Filed 06/20/25 Page 2 of 2
On May 16, 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 states that “petitioner had no history of pain, inflammation or
dysfunction of the affected shoulders prior to intramuscular vaccine administration that
would explain the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; he more likely than not suffered the onset of pain
within forty-eight hours of vaccine administration; his pain and reduced range of motion
were limited to the shoulders in which the intramuscular vaccine were administered; and
there is no other condition or abnormality present that would explain petitioner’s
symptoms.” Id. at 10. Respondent further agrees that Petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of his injury for
more than six months after vaccine administration. 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-00977-1
Date issued/filed: 2025-12-15
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/14/2025) regarding 28 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00977-UNJ Document 32 Filed 12/15/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0977V
JEFFREY CLEMENTS, Chief Special Master Corcoran
Petitioner, Filed: November 14, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 26, 2024, Jeffrey Clements 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 received a right arm influenza (“flu”) vaccination
and a left arm hepatitis B (“Hep B”) vaccination, both on October 14, 2022, and thereafter
suffered bilateral shoulder pain, resulting in a Table shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 19, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation. On November 13, 2025, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded a total of $118,412.13,
consisting of $115,000.00 in pain and suffering and $3,412.13. Proffer at 1-2. In the
Proffer, Respondent represented that Petitioner agrees with the proffered award. Id.
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-00977-UNJ Document 32 Filed 12/15/25 Page 2 of 5
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 $118,412.13 (consisting of $115,000.00 in pain and suffering and
$3,412.13), 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-00977-UNJ Document 32 Filed 12/15/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEFFREY CLEMENTS,
Petitioner,
No. 24-977V
v. Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
On June 26, 2024, Jeffrey Clements (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34, as amended (“Act”). He alleges that he sustained bilateral Shoulder Injuries Related to
Vaccine Administration (“SIRVAs”), as defined in the Vaccine Injury Table, following receipt
of influenza and hepatitis B vaccines administered on October 14, 2022. See Petition. On May
16, 2025, the Secretary of Health and Human Services (“respondent”) filed a Vaccine Rule 4(c)
Report, concluding that this case is appropriate for compensation under the terms of the Act for
bilateral SIRVA Table injuries. See ECF No. 18. On May 19, 2025, Chief Special Master
Corcoran issued a ruling on entitlement, finding petitioner entitled to compensation for “bilateral
shoulder pain, resulting in a Table [SIRVA].” See ECF No. 19.
I. Items of Compensation
A. Pain and suffering
Respondent proffers that petitioner should be awarded $115,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00977-UNJ Document 32 Filed 12/15/25 Page 4 of 5
B. Past unreimburseable 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 $3,412.13. 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).1 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 Special Master’s decision and the
Court’s judgment award the following: a lump sum payment of $118,412.13, to be paid through
an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering.
2

Case 1:24-vv-00977-UNJ Document 32 Filed 12/15/25 Page 5 of 5
s/Katherine C. Esposito
Katherine C. Esposito
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) 305-3774
katherine.esposito@usdoj.gov
DATED: November 13, 2025
3