VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00464 Package ID: USCOURTS-cofc-1_25-vv-00464 Petitioner: Philip Crowley Filed: 2025-03-13 Decided: 2026-01-02 Vaccine: hepatitis B Vaccination date: 2024-01-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: On March 13, 2025, Philip Crowley filed a petition alleging that a hepatitis B vaccine administered on January 17, 2024 caused a shoulder injury related to vaccine administration. Respondent denied that Mr. Crowley sustained a Table SIRVA, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that any current condition was vaccine-related. The public stipulation does not describe onset, medical treatment, imaging, injections, therapy, or residual limitations. The parties settled the case. On January 2, 2026, Chief Special Master Brian H. Corcoran adopted the stipulation and awarded Mr. Crowley $40,000.00 as a lump sum through counsel's IOLTA account. Theory of causation field: Hepatitis B vaccine January 17, 2024 allegedly causing SIRVA; adult, exact age not stated. COMPENSATED by stipulation. Respondent denied Table SIRVA, causation, and sequelae; public stipulation lacks clinical chronology. Award $40,000. Chief SM Brian H. Corcoran; petition March 13, 2025; decision January 2, 2026. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00464-0 Date issued/filed: 2026-02-02 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 01/02/2026) regarding 19 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00464-UNJ Document 23 Filed 02/02/26 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-464V PHILIP CROWLEY, Chief Special Master Corcoran Petitioner, Filed: January 2, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 13, 2025, Philip Crowley 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 that he suffered a Table injury - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of his January 17, 2024 hepatitis B vaccine. Petition at 1; Stipulation, filed December 30, 2025, at ¶¶ 1- 2, 4. Petitioner further alleges that he received the vaccine 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. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 7-9. “Respondent denies that [P]etitioner sustained a Table injury; denies that the vaccine caused [P]etitioner's alleged shoulder injury; and denies that the vaccine caused [P]etitioner any other injury or [P]etitioner's current condition.” 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 1:25-vv-00464-UNJ Document 23 Filed 02/02/26 Page 2 of 8 Nevertheless, on December 30, 2025, the parties filed the attached joint stipulation, 3 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 $40,000.00, 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 “Vinesign” “Verification Complete” form attached to the parties’ Stipulation at page seven is omitted from the attached copy of the parties’ Stipulation. 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 1:25-vv-00464-UNJ Document 23 Filed 02/02/26 Page 3 of 8 Vinesign Document ID: 032DB350-D44E-44BB-A537-B1 F8903C8BE1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PHILIP CROWLEY, Petitioner, No. 25-464V Chief Special Master Brian H. Corcoran V. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Philip Crowley ("petitioner") filed a petition for vaccine 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 hepatitis B vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 2. Petitioner received a hepatitis B vaccine on January 17, 2024. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("S[RVA") in his left arm within the time period set forth in the Table. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months. The signed document can be validated at https://app.vinesign.comNerify Case 1:25-vv-00464-UNJ Document 23 Filed 02/02/26 Page 4 of 8 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury.1 6. Respondent denies that petitioner sustained a Table injury; denies that the vaccine caused petitioner's alleged shoulder injury; and denies that the vaccine caused petitioner any other injury or petitioner's current condition. 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 pursuantto 42 U.S.C. § 300aa-2 I (a)( l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $40,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLT A 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). 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-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 th is petition. 1 Petitioner was previously awarded $105,000.00 in compensation for a SIRVA in his left arm allegedly sustained as the result of an October 31, 2016 flu vaccination. See Crowley v. HHS, No. I 9-957V, 2021 WL 4622164, at* I (Fed. Cl. Spec. Mstr. Aug. 31, 2021) (adopting the parties' stipulation). 2 Case 1:25-vv-00464-UNJ Document 23 Filed 02/02/26 Page 5 of 8 I 0. Petitioner and petitioner's 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-l 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. I I. 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 of4 2 U.S.C. § 300aa-I5 (a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(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, 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 al 1 demands of whatever kind or nature) that have been brought, could have been brought, or cou Id be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 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 3 Case 1:25-vv-00464-UNJ Document 23 Filed 02/02/26 Page 6 of 8 petitioner resulting from, or alleged to have resulted from, the hepatitis B vaccination administered on January 17, 2024, as alleged in a petition for vaccine compensation filed on or about March l3, 2025, in the United States Court of Federal Claims as petition No. 25-464V. 14. If petitioner should 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 Federal 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 th is 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 hepatitis B vaccine caused petitioner's alleged injury or any other injury or petitioner's current disabilities, 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. 4 Case 1:25-vv-00464-UNJ Document 23 Filed 02/02/26 Page 7 of 8 END OF STIPULATION 5 Case 1:25-vv-00464-UNJ Document 23 Filed 02/02/26 Page 8 of 8 Respectfully submitted, PETITIONER: PHILIP CROWLEY ATTORNEY OF RECORD R AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: .~\lE?e 0 a1wV"-.. MAXIMILLIAN J. MULLER HEATHER L. PEARLMAN Muller Brazil Deputy Director 7 15 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice max@m u llerbrazil .com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffreys. ~li::~i~gnedbyJeffrey -$ Beach Date:202S.l2.l710:l0:S1 for ·OS'OO' CAPT GEORGE REED GRIMES, MD, MPH MADEL E. WEEKS Director, Division of rnjury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 14 W-18 (202) 305-3262 Rockville,MD 20857 made lyn.e.weeks@usdoj.gov Dated: 6