In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-0624V

UNPUBLISHED

JOSEPH DAVIS,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 16, 2020

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA)

Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.

Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On May 2, 2018, Joseph Davis 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 right shoulder injury related to 

vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on 

September 26, 2016. Petition at 1; Stipulation, filed at July 15, 2020, ¶¶ 2-4. Petitioner 

further alleges that the vaccine was administered in the United States, that he 

experienced 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 for damages as a result of his 

condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner 

sustained a SIRVA Table injury and denies that petitioner’s alleged shoulder injury and 

its residual effects were caused-in-fact by his flu vaccine. Respondent further denies 

that the flu vaccine caused petitioner any other injury or his current condition.” 

Stipulation at ¶ 6. 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
2

Nevertheless, on July 15, 2020, 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 $42,500.00 in the form of a check payable 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 the 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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

JOSEPH DA VIS, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

No. 18-624V 

Chief Special Master Corcoran (SPU) 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Petitioner Joseph Davis ("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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the 

"Table"), 42 C.F.R. § 100.3(a). 

2. Petitioner received his flu immunization on September 26, 2016. 

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, that his alleged shoulder condition is 

actually caused by the vaccine, and further alleges that he experienced the residual effects of his 

injury for more than six months. 

5. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages as a result of his condition.