VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01785 Package ID: USCOURTS-cofc-1_24-vv-01785 Petitioner: John Lewis Walston Filed: 2024-10-30 Decided: 2025-04-24 Vaccine: influenza Vaccination date: 2023-09-26 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 32500 AI-assisted case summary: On October 30, 2024, John Lewis Walston filed a petition alleging that an influenza vaccination administered on September 26, 2023 caused a right shoulder injury related to vaccine administration. He alleged residual effects lasting more than six months. Respondent conceded entitlement on April 21, 2025, stating that Mr. Walston's injury was consistent with Table SIRVA: no prior shoulder problem, pain within forty-eight hours, symptoms limited to the vaccinated shoulder, no other condition identified, and more than six months of residual effects. Chief Special Master Corcoran granted entitlement on April 22, 2025. The public text does not describe treatment, imaging, injections, therapy, or practical limitations. Damages were resolved by proffer. On April 24, 2025, the Chief Special Master awarded $32,500.00 as a lump sum through counsel for pain and suffering only. Theory of causation field: Adult petitioner; influenza vaccine September 26, 2023; right Table SIRVA. COMPENSATED. Respondent conceded Table criteria and legal prerequisites; public text lacks detailed clinical chronology. Entitlement April 22, 2025; damages April 24, 2025. Award $32,500.00 pain/suffering lump sum. Petition filed October 30, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01785-0 Date issued/filed: 2025-05-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/22/2025) regarding 14 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01785-UNJ Document 24 Filed 05/22/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1785V JOHN LEWIS WALSTON, Chief Special Master Corcoran Petitioner, Filed: April 22, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 30, 2024, John Lewis Walston 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 developed a right shoulder injury related to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccine administered on September 26, 2023. Petition at 1. Petitioner further alleges that his injuries lasted for more than six months. Petition at 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 21, 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. 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-01785-UNJ Document 24 Filed 05/22/25 Page 2 of 2 Specifically, Respondent states that “petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of his right shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced ROM were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 6-7. Respondent further agrees that Petitioner suffered the residual effects of his condition for more than six months, and based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 7. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01785-cl-extra-11056548 Date issued/filed: 2025-05-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10589960 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1785V JOHN LEWIS WALSTON, Chief Special Master Corcoran Petitioner, Filed: April 22, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 30, 2024, John Lewis Walston 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 developed a right shoulder injury related to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccine administered on September 26, 2023. Petition at 1. Petitioner further alleges that his injuries lasted for more than six months. Petition at 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 21, 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. 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). Specifically, Respondent states that “petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of his right shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced ROM were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 6-7. Respondent further agrees that Petitioner suffered the residual effects of his condition for more than six months, and based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 7. 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_24-vv-01785-1 Date issued/filed: 2025-05-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 04/24/2025) regarding 18 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01785-UNJ Document 25 Filed 05/27/25 Page 1 of 5 In the United States Court of Federal Claims D OFFICE OF SPECIAL MASTERS No. 24-1785V JOHN LEWIS WALSTON, Chief Special Master Corcoran Petitioner, v. Filed: April 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 30, 2024, John Lewis Walston 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 developed a right shoulder injury related to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccine administered on September 26, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 22, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On April 24, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $32,500.00, in pain and suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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. 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-01785-UNJ Document 25 Filed 05/27/25 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $32,500.00 (in pain and suffering), 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-01785-UNJ Document 25 Filed 05/27/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOHN WALSTON, Petitioner, v. No. 24-1785V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 30, 2024, John Walston (“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 suffered a right shoulder injury related to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccine administered on September 26, 2023. Petition (“Pet.”) at 1. On April 21, 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 April 22, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 13; ECF No. 14. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $32,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:24-vv-01785-UNJ Document 25 Filed 05/27/25 Page 4 of 5 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 Chief Special Master’s decision and the Court’s judgment award the following1: A lump sum payment of $32,500.00 in the form of a check 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-15(a). Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division 1 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-01785-UNJ Document 25 Filed 05/27/25 Page 5 of 5 /s/ Julianna R. Kober Julianna R. Kober 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) 742-6375 Julianna.R.Kober@usdoj.gov DATED: April 24, 2025 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_24-vv-01785-cl-extra-11059577 Date issued/filed: 2025-05-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10592989 -------------------------------------------------------------------------------- D In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1785V JOHN LEWIS WALSTON, Chief Special Master Corcoran Petitioner, v. Filed: April 24, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 30, 2024, John Lewis Walston 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 developed a right shoulder injury related to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccine administered on September 26, 2023. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 22, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On April 24, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $32,500.00, in pain and suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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. 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). Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $32,500.00 (in pain and suffering), 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOHN WALSTON, Petitioner, v. No. 24-1785V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 30, 2024, John Walston (“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 suffered a right shoulder injury related to vaccine administration (“SIRVA”) from an influenza (“flu”) vaccine administered on September 26, 2023. Petition (“Pet.”) at 1. On April 21, 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 April 22, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 13; ECF No. 14. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $32,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). 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 Chief Special Master’s decision and the Court’s judgment award the following 1: A lump sum payment of $32,500.00 in the form of a check 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-15(a). Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division JULIA M. COLLISON Assistant Director Torts Branch, Civil Division 1 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 /s/ Julianna R. Kober Julianna R. Kober 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) 742-6375 Julianna.R.Kober@usdoj.gov DATED: April 24, 2025 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_24-vv-01785-cl-extra-11131957 Date issued/filed: 2025-09-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10665370 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1785V JOHN LEWIS WALSTON, Chief Special Master Corcoran Petitioner, v. Filed: July 31, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Wendy Cox, Siri & Glimstad, LLP, Austin, TX, for Petitioner. Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On October 30, 2024, John Lewis Walston 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 alleged that he developed a right shoulder injury related to vaccine administration from an influenza vaccine administered on September 26, 2023. Petition, ECF No. 1. On April 24, 2025, I issued a decision awarding compensation to Petitioner based on Respondent’s proffer. ECF No. 18. 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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $17,657.32 (representing $17,175.30 in fees plus $482.02 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed May 5, 2025, ECF No. 22. Furthermore, Petitioner filed a signed statement representing that he incurred no personal out-of-pocket expenses. ECF No. 22-4. Respondent reacted to the motion on May 8, 2025, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 23. Petitioner filed no reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 22-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Petitioner is awarded attorneys’ fees and costs in the total amount of $17,657.32 (representing $17,175.30 in fees plus $482.02 in costs) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2