VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00500
Package ID: USCOURTS-cofc-1_25-vv-00500
Petitioner: DAVID TALLARIDA
Filed: 2025-03-20
Decided: 2026-04-01
Vaccine: influenza
Vaccination date: 2023-01-03
Condition: right-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20570

AI-assisted case summary:
David Tallarida filed a petition for compensation under the National Vaccine Injury Compensation Program on March 20, 2025, alleging injury from an influenza vaccine received on January 3, 2023. He claimed a right-sided shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The vaccine was listed on the Vaccine Injury Table. Respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Corcoran adopted the stipulation, awarding David Tallarida a lump sum of $20,570.00 for all damages. The decision was filed on April 1, 2026.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_25-vv-00500-0
Date issued/filed: 2026-05-04
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/01/2026) regarding 20 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made.
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Case 1:25-vv-00500-UNJ Document 24 Filed 05/04/26 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 25-500V
DAVID TALLARIDA, Chief Special Master Corcoran
Petitioner,
v. Filed: April 1, 2026
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 20, 2025, David Tallarida filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). The petition seeks compensation for injuries allegedly related to
Petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is listed in the Vaccine
Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on January 3, 2023. Petitioner alleges
that he suffered a right-sided shoulder injury related to vaccine administration (“SIRVA”)
within the time period set forth in the Table. Petitioner further alleges that he experienced
the residual effects of this injury for more than six months.
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-00500-UNJ Document 24 Filed 05/04/26 Page 2 of 8
Respondent denies that Petitioner sustained a SIRVA Table injury; and denies that
the vaccine caused his alleged shoulder injury, or any other injury or his current condition.
Nevertheless, on March 31, 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 $20,570.00 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

Vinesign DocumentC IaDs:e E 1A:2354-EvCv-4080-540801-9U-N4CJ 8 8 -D9o4cDu5m-8e2n4t 12F 49 E 8FCilAedF E0 5/04/26 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DAVID T ALLARIDA,
Petitioner,
V. No. 25-500V (ECF)
Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. On March 20, 2025, petitioner filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Program").
The petition seeks compensation for an injury allegedly related to petitioner's receipt of the
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table, 42 C.F.R.
§ 100.3(a) (the "Table").
2. Petitioner received a flu vaccine on January 3, 2023. 1
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered a right-sided shoulder injury related to vaccine
administration ("SIRVA") as a result of his vaccination. Petitioner further alleges that he
experienced the residual effects of this injury for more than six months.
1 Petitioner also received an adult pneumococcal polysaccharide vaccine (PPSV23) on January 3,
2023. PPSV23 is not listed on the Vaccine Injury Table and is therefore not covered by the
Program.
The signed document can be validated at https://app.vinesign.comNerify

Case 1:25-vv-00500-UNJ Document 24 Filed 05/04/26 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil action for
damages as a result of his alleged injury.
6. Respondent denies that petitioner sustained a SIRVA Table injury and denies that the
vaccine caused his alleged shoulder injury, or any other injury, or his 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 eight of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with the
tem1s of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum payment of $20,570.00 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-15(a).
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)(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.
10. Petitioner and his attorney represent that the 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
2

Case 1:25-vv-00500-UNJ Document 24 Filed 05/04/26 Page 5 of 8
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.
11. Payment made pursuant to paragraph eight and any amounts awarded pursuant to
paragraph nine 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the compensation described in paragraphs eight and nine, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors, or assigns,
does forever and 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-l 0 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 vaccinations administered on January 3, 2023, as
alleged in a petition for vaccine compensation filed on or about March 20, 2025, in the United
States Court of Federal Claims as petition No. 25-500V.
3

Case 1:25-vv-00500-UNJ Document 24 Filed 05/04/26 Page 6 of 8
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 Chief Special Master fails to issue a decision in complete confonnity with the
tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confom1ity
with a decision that is in complete confom1ity 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 nine 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 shoulder
injury or any other injury, or that he 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-00500-UNJ Document 24 Filed 05/04/26 Page 7 of 8
Respectfully submitted,
PETITIONER:
DA YID T ALLARIDA
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
.... ~~\,y)~
LAURA LEVENBERG HEATHER L. PEARLMAN
Muller Brazil Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Telephone: (215-885-1655 U.S. Depaiiment of Justice
Fax: (215) 885-1644 P.O. Box 146
laura@mullerbrazil.com Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRET ARY OF HEAL TH AND RESPONDENT:
HUMAN SERVICES:
George R. Grimes
DigitallysignedbyGeorgeR
Grimes-516
-516
Date: 2026.03.1916:04:52-04'00'
CAPT GEORGE REED GRIMES, MD, MPH
Director, Division of Injury
Compensation Programs
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, D.C. 20044-0146
5600 Fishers Lane, 14W-18 (202) 880-0390
Rockville, MD 20857 joseph.leavitt@usdoj.gov
5

Case 1:25-vv-00500-UNJ Document 24 Filed 05/04/26 Page 8 of 8
CERTIFICATE OF SERVICE
I certify that today, March 31, 2026, a copy of the foregoing pleading was served via
electronic mail upon petitioner's counsel, Laura Levenberg (laura@mullerbrazil.com).
Isl Joseph D. Leavitt
JOSEPH D. LEAVITT
6