VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01000 Package ID: USCOURTS-cofc-1_24-vv-01000 Petitioner: Howard A. Laster Filed: 2024-06-28 Decided: 2025-08-26 Vaccine: influenza Vaccination date: 2022-10-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 79500 AI-assisted case summary: On June 28, 2024, Howard A. Laster filed a petition alleging that an influenza vaccination administered on October 21, 2022 caused a shoulder injury related to vaccine administration. He alleged that the vaccine was administered in the United States, that the residual effects lasted more than six months, and that no civil action or prior award had compensated the injury. The public decision is a joint stipulation and does not describe the onset, medical visits, imaging, therapy, or expert opinions. Respondent denied that Mr. Laster sustained a Table SIRVA, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. The parties nonetheless agreed to settle. On August 26, 2025, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Mr. Laster a lump sum of $79,500 for all damages available under Section 15(a), payable through counsel's IOLTA account. Mr. Laster was represented by Robert A. Davitch of Sidkoff, Pincus & Green, P.C. Theory of causation field: Influenza vaccine on October 21, 2022, adult exact age not stated, alleged SIRVA. COMPENSATED by joint stipulation. Respondent denied Table SIRVA, causation, and sequela, but stipulated to $79,500 for all damages available under Section 15(a). Public stipulation provides no detailed clinical timeline, treatment, imaging, or experts. Chief Special Master Corcoran, August 26, 2025. Attorney: Robert A. Davitch, Sidkoff, Pincus & Green, Philadelphia PA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01000-0 Date issued/filed: 2025-09-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/26/2025) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01000-UNJ Document 30 Filed 09/26/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1000V HOWARD A. LASTER, Chief Special Master Corcoran Petitioner, Filed: August 26, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Robert A. Davitch, Sidkoff, Pincus, & Green, P.C., Philadelphia, PA, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 28, 2024, Howard A. Laster 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”) resulting from an influenza (“flu”) vaccine received on October 21, 2022. Petition at 1; Stipulation, filed August 26, 2025, at ¶¶ 2-4. Petitioner further alleges that the flu vaccine was administered in the United States, he suffered residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury. Petition at ¶¶ 2, 37, 38, 53, 54; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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-01000-UNJ Document 30 Filed 09/26/25 Page 2 of 7 Nevertheless, on August 26, 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 $79,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-01000-UNJ Document 30 Filed 09/26/25 Page 3 of 7 Case 1:24-vv-01000-UNJ Document 30 Filed 09/26/25 Page 4 of 7 Case 1:24-vv-01000-UNJ Document 30 Filed 09/26/25 Page 5 of 7 Case 1:24-vv-01000-UNJ Document 30 Filed 09/26/25 Page 6 of 7 Case 1:24-vv-01000-UNJ Document 30 Filed 09/26/25 Page 7 of 7