VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01421
Package ID: USCOURTS-cofc-1_24-vv-01421
Petitioner: Jonathan Theriault
Filed: 2024-09-11
Decided: 2026-04-09
Vaccine: Tdap
Vaccination date: 2022-01-18
Condition: shoulder injury related to vaccine administration (SIRVA) or, alternatively, brachial plexus nerve injury
Outcome: compensated
Award amount USD: 25500

AI-assisted case summary:
Jonathan Theriault filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2024, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) or, alternatively, a brachial plexus nerve injury, resulting from a Tdap vaccine received on January 18, 2022. Respondent denied that the vaccine caused the alleged injuries. The parties subsequently filed a joint stipulation agreeing to settle the case. Pursuant to the stipulation, Chief Special Master Corcoran awarded Jonathan Theriault $25,500.00 in compensation for all damages, plus $76.44 to satisfy a Medi-Cal lien. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-01421-0
Date issued/filed: 2026-05-12
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/09/2026) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:24-vv-01421-UNJ Document 35 Filed 05/12/26 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-1421V
JONATHAN THERIAULT, Chief Special Master Corcoran
Petitioner, Filed: April 9, 2026
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Michael Bliley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 11, 2024, Jonathan Theriault 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”) or, alternatively, brachial plexus nerve injury, resulting from a
tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on January 18, 2022.
Petition at 1; Stipulation, filed April 9, 2026, at ¶¶ 2-4. Petitioner further alleges that the
vaccine was administered in the United States, the adverse effects of his injury have
lasted longer 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 condition. Petition at ¶¶ 9, 43, 44;
Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered a SIRVA Table injury;
denies that the Tdap vaccine caused petitioner’s alleged SIRVA, left brachial plexus nerve
injury, or any other injury; and denies that petitioner’s 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-01421-UNJ Document 35 Filed 05/12/26 Page 2 of 8
Nevertheless, on April 9, 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.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
a. A lump sum of $25,500.00, to be paid through an ACH deposit to
Petitioner’s counsel’s IOLTA account for prompt disbursement to
Petitioner and
b. A lump sum of $76.44, representing compensation for satisfaction of
a Medi-Cal lien, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to:
Department of Health Care Services
Personal Injury Program, MS 4720
P.O. Box 997421
Sacramento, CA 95899
Stipulation at ¶ 8. These amounts represent 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-01421-UNJ Document 35 Filed 05/12/26 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JONATHAN THERIAULT,
Petitioner,
V. No. 24-1421V
Chief Special Master Corcoran
SECRETARY OF HEALTH /\ND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. .Jonathan Theriault ("petitioner") filed a petition for vacci11e compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine, which is contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a).
2. Petitioner received a Tdap vaccination on January I 8, 2022,
3. The Tdap vaccine was administered within the United States.
4. Petitioner alleges that he sustained a Table shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table following administration
of the vaccine. In the alternative, petitioner alleges that the Tdap vaccine caused-in-fact his
SIRVA, and/or a left brachia! plexus nerve injury. Petitloncr further alleges that he experienced
the residual effects of these conditions for more than six months.

Case 1:24-vv-01421-UNJ Document 35 Filed 05/12/26 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on his behalf as a result of his condition.
6. Respondent denies that petitioner sustained a SfRV A Table injury; denies Lhal Lhe
Tdap vaccine caused petitioner's alleged SIRVA, left brachia! plexus nerve injury, or any other
injury; and denies that petitioner's 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 of judgment 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-21( a)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
a. A lump sum of $25,500.00 to be paid through an ACH deposit to petitioner's
counsel's IOL TA account for prompt disbursement to petitioner.
b. A lump sum of $76.44, 1 representing compensation for satisfaction of a Medi-Cal
lien, to be paid through an ACH deposit to petitioner's counsel's IOL TA account for
prnmpt disbursement to:
Department of I lea Ith Care Services
Personal Injury Program, MS 4720
P.O. Box 997421
Sacramento, CA 95899
These amounts represent compensation for all damages that would be available tmder 42 U.S.C.
§ 300aa-I 5(a).
1 The amount set forth in paragraphs 8.b. of this Stipulation represents full satisfaction of any
right of subrngation, assignment, claim, lien, or cause of action the State of California may have
against any individual as a result of any Medicaid payments the State of California has made to
or on behalf of petitioner as a result of petitioner's alleged injury relating to a vaccine
administered on or about January 18, 2022, under Title XIX of the Social Security Act, see 42
U.S.C. § 300aa-15(g), (h).
2

Case 1:24-vv-01421-UNJ Document 35 Filed 05/12/26 Page 5 of 8
9. As soon as practicable after the entry of judgment 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-2 I (a)( I), 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- 15(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.
I I. Payments 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-l5(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 unreimbursablc expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit of petitioner as
contemplated by a strict constructio11 of 42 U.S.C. § 300aa-l S(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa-l5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in
petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators,
successors or assigns, does forever irrevocably and unconditionally release, acqt1it and discharge
the United States and the Secretary of Health and Human Services from any and all actions or
3

Case 1:24-vv-01421-UNJ Document 35 Filed 05/12/26 Page 6 of 8
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. § 300aa-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 Tdap vaccination administered on
January 18, 2022, as alleged in a petition for vaccine compensation filed on or about September
1 I, 2024, in the United States Court of Federal Claims as petition No. 24-1421V .
14. If petitioner shou Id die prior to entry of judgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation or if the Court of rederal Claims fails to enter judgment in conformity
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 natL1re of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
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Case 1:24-vv-01421-UNJ Document 35 Filed 05/12/26 Page 7 of 8
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Huinan Services that the Tdap vaccine caused petitioner"s alleged
shoulder injury or any other injLiry 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 eqL1ally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
or
END STIPULATION
5

Case 1:24-vv-01421-UNJ Document 35 Filed 05/12/26 Page 8 of 8
Respectfully submitted,
PETITIONER:
~
10ATHANTHEmUU
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~\L, Pt.~
JE~ UIRE HEATHER L. PEARLMAN
Jeffrey S. Pop & Associates Deputy Director
9150 Wi Is hire Blvd., Suite 241 Torts Branch
Beverly Hills, CA 90212 Civil Division
(310) 273-5462 U.S. Department of Justice
jpop@poplawyer.com P.O. Box. 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
O.F THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes - DlgltallyslgncdbyGcorgcR. ~~s~
Grimes·S16
S1 6 Date: 2026.03.19 15:S 1:24 -04'00' ~ ~~ L.~'-~
CAPT GEORGE REED GRIMES, MO, MPH MICHAELS. BULEY
Director Trial Attorney
Division of Injury Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resource and Services Administration U.S. Department of Justice
U.S. Department of Health and Human Services P.O. Box. 146
5600 Fishers Lane, 14 W-I 8 Benjamin Franklin Station
Rockville, MD 20857 Washington, DC 20044-0 146
(202) 616-4357
Michael.BI il cy@usdoj.gov
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