VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01111
Package ID: USCOURTS-cofc-1_24-vv-01111
Petitioner: Michael Formato
Filed: 2024-07-22
Decided: 2026-03-26
Vaccine: influenza
Vaccination date: 2023-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Michael Formato filed a petition for compensation under the National Vaccine Injury Compensation Program on July 22, 2024, alleging he suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an October 16, 2023, influenza vaccination. Respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused his alleged SIRVA. Nevertheless, the parties filed a joint stipulation on February 3, 2026, agreeing to a settlement. Chief Special Master Corcoran adopted the stipulation as his decision, awarding Michael Formato $45,000.00 as compensation for all items of damages. The award was to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. The decision directs the Clerk of Court to enter judgment in accordance with this decision.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-01111-0
Date issued/filed: 2026-03-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/04/2026) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:24-vv-01111-UNJ Document 38 Filed 03/26/26 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1111V
MICHAEL FORMATO, Chief Special Master Corcoran
Petitioner, Filed: February 4, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Joseph P. Shannon, Shannon Law Group, Woodridge, IL, for Petitioner.
Jeremy Mauritzen, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 22, 2024, Michael Formato 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 a result of an October 16, 2023 influenza (“flu”)
vaccination. Petition at ¶¶ 2, 20; Stipulation at ¶¶ 2, 4. Petitioner further alleges that he
received his vaccination in the United States, that he suffered the residual effects of his
injury for more than six months, and that there has been no prior award or settlement of
a civil action on his behalf as a result of his injury. Petition at ¶¶ 2, 20, 23-24; Stipulation
at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies
that the flu vaccine caused [P]etitioner’s alleged SIRVA, or any other injury; and denies
that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on February 3, 2026, 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.
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-01111-UNJ Document 38 Filed 03/26/26 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation,3 I award the following
compensation:
A lump sum of $45,000.00, 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The final page of the Stipulation, an e-signature verification, has been removed.
4 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-01111-UNJ Document 38 Filed 03/26/26 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MICHAEL FORMATO,
Petitioner,
V.
No. 24-1111 (ECF)
SECRETARY OF HEALTH Chief Special Master Brian H. Corcoran
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. On July 22, 2024, Michael Fonnato ("petitioner") filed a petition for vaccine
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-I0
to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related
to petitioner's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury
Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on October 16, 2023.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered from a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
of the vaccine. Petitioner further alleges that he experienced the residual effects of this condition
for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.
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Case 1:24-vv-01111-UNJ Document 38 Filed 03/26/26 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that his current
condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $45,000.00 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 42 U .S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l), 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 his 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-J 5(g), to the extent that payment has been made or can 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.
2
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Case 1:24-vv-01111-UNJ Document 38 Filed 03/26/26 Page 5 of 7
11. Payment made pursuant to paragraph 8 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 5(a) and ( d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payment described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
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 could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300 aa-10 et seq., 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 alleged to have resulted from the flu vaccination administered on October 16, 2023, as
alleged by petitioner in a petition for vaccine compensation filed on or about July 22, 2024, in
the United States Court of Federal Claims as petition No. 24-1111 V.
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.
3
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Case 1:24-vv-01111-UNJ Document 38 Filed 03/26/26 Page 6 of 7
15. If 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 confonnity 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
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 liability and/or
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.
17. This 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 alleged SIRVA
or any other injury or petitioner's current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4
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Case 1:24-vv-01111-UNJ Document 38 Filed 03/26/26 Page 7 of 7
Respectfully submitted,
PETITIONER:
~4~
MICHAEL FORMATO
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PA~
OF THE ATTORNEY GENERAL:
ITl:NER:
~~'-J.e~
. SHANNON HEATHER L. PEARLMAN
non aw Group, P.C. Deputy Director
25 Hobson Valley Dr. Torts Branch
Suite 101 Civil Division
Woodridge, Illinois 60517 U.S. Department of Justice
T: (312) 578-9501 P.O. Box 146
joseph@shannonlawgroup.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey $
Digitally signed by
• Jeffrey S. Beach -s
-S
Beach Date:2026.01.20
______ 07:59:10-os·oo· for
CAPT GEORGE REED GRIMES, MD, MPH JE~ UR~l ~tr/
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 598-7315
5600 Fishers Lane, 14W-I 8 Jeremy .mauritzen@usdoj.gov
Rockville, MD 20857
d- /3J l 6
Dated:
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5
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