VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00496 Package ID: USCOURTS-cofc-1_25-vv-00496 Petitioner: STEVEN EDWARD FORST, JR. Filed: 2026-03-10 Decided: 2026-03-10 Vaccine: Td Vaccination date: 2023-10-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 12500 AI-assisted case summary: Steven Edward Forst, Jr. filed a petition for compensation on March 10, 2026, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria (Td) vaccine on October 19, 2023. He claimed SIRVA as a defined Table injury or, in the alternative, a caused-in-fact injury. The respondent denied that the Td vaccine caused the alleged SIRVA or any other injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision, awarding Steven Edward Forst, Jr. $12,500.00 in compensation for all damages available under the Vaccine Act. This amount is to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00496-0 Date issued/filed: 2026-04-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/10/2026) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00496-UNJ Document 27 Filed 04/09/26 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0496V STEVEN EDWARD FORST, JR., Chief Special Master Corcoran Petitioner, Filed: March 10, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 19, 2025, Steven Edward Forst, Jr. 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 suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a caused-in-fact injury, after receiving a tetanus-diphtheria (“Td”) vaccine on October 19, 2023. Petition at 1, ¶¶ 6, 24; Stipulation, filed Mar. 10, 2026, ¶¶ 1-2, 4. Petitioner further alleged that he received the vaccine within the United States, that he suffered the residual effects of his SIRVA for more than six months, and that neither he nor any other party has filed a civil case or received compensation for his SIRVA, alleged to be vaccine-related. Petition at ¶¶ 6, 23, 25-26; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that [P]etitioner’s alleged SIRVA or its residual effects were 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-00496-UNJ Document 27 Filed 04/09/26 Page 2 of 7 caused-in-fact by the Td vaccine; and denies that the Td vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.” Stipulation at ¶ 6. Nevertheless, on March 10, 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 lump sum of $12,500.00, 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 1:25-vv-00496-UNJ Document 27 Filed 04/09/26 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS STEVEN EDWARD FORST, JR., Petitioner, No. 25-496V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Steven Edward Forst, Jr., ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 {the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus diphtheria {"Td") vaccine, which is a vaccine that is contained in the Vaccine Injury Table (the ''Table"), 42 C.F .R. § I 00.3(a). 2. Petitioner received a Td vaccine on October 19, 2023. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that was caused-in fact by the Td vaccine. Petitioner further alleges that he suffered the residual effects of the alleged injury for more than six months. 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 the alleged injury. Case 1:25-vv-00496-UNJ Document 27 Filed 04/09/26 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that petitioner's alleged S[RVA or its residual effects were caused-in-fact by the Td vaccine; and denies that the Td 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 pursuant to 42 U.S.C. § 300aa-21(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 $12,500.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. 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-21(a)(1), 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. 10. 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 XlX 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 Case 1:25-vv-00496-UNJ Document 27 Filed 04/09/26 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-l 5(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-15(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 petitioner's 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. § 300aa• 10 et seq., on account of, or in any way growing out of, any and alt known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the Td vaccination administered on October 19, 2023, as alleged in a petition for vaccine compensation tiled on or about March 19, 2025, in the United States Court of Federal Claims as petition No. 25-496V. 14. If petitioner should die prior to entry ofj udgmen4 this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:25-vv-00496-UNJ Document 27 Filed 04/09/26 Page 6 of 7 1S . If the special master fails to issue a decision in complete confonnity 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 confonnity with the tenns 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 Td vaccine caused petitioner's alleged injury or any other injuries or his 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 Case 1:25-vv-00496-UNJ Document 27 Filed 04/09/26 Page 7 of 7 Respectfully S\lbmittcd, PETll'lONElt: , 2tt,~_ ---- STEVEN EDWAIUy-,J R. A1 TORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETl'rIONER: OF TUE ATTORNF:Y GENJ<;RAL: ~~~ HEATHER L. PEARLMAN Jcffr ey S. Pop & Associntcs Deputy Director 91 SO Wilshire Boulevard Torts Branch Suite 241 Civil Division Beverly Hills, CA 90212 U.S. Department of Justice Tel: (310) 273-S462 P.O. Box 146 Fru.:: (310) 274-7749 Benjamin Franklin Station jpop@poplawyer.com Washington, DC 20044-0146 AUTHORIZED REPRESENT AT lVE ATTORNEY OF RECORD FOR OF 1'HE SECRETARY OF HEALT H RESPONDENT: AND HUMAN SERVICES: Jeffrey $. Olgitallyslgned by .5 Jiff~ S. Buch -5 Beach Date:2026.02.2s t0:14:◄8 toe ___ ;____..:...,__ -OS'OQ' CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch ~ Health Systems Bureau Civil Division Health Resources :frtd Services U.S. Department of Justice Administration P.O. Box 146 U.S. Depnrlment of l-lcnlth Benjamin fi'mnklin Station and HuMan Services Washington, DC 20044-0146 • S600 Fishers Lane, I 4 W-18 Tel: (202) 305•4014 Rqckvillc, MD 20857 Email: jamica.m. littles@usdoj gov 9 / a Oated:_3 / (o ..