VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00851
Package ID: USCOURTS-cofc-1_13-vv-00851
Petitioner: Seechel Patel
Filed: 2013-10-29
Decided: 2016-01-12
Vaccine: influenza
Vaccination date: 2010-11-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 829928

AI-assisted case summary:
On October 29, 2013, Seechel Patel filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on November 26, 2010, caused her to develop a shoulder injury related to vaccine administration (SIRVA). The respondent denied that the flu vaccine caused the petitioner's SIRVA or any other injury. On July 2, 2015, the parties filed a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $829,928.40, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was posted on the website of the United States Court of Federal Claims in accordance with the E-Government Act of 2002. Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C. represented the Petitioner, and Ryan D. Pyles of the United States Department of Justice represented the Respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Seechel Patel alleged that an influenza vaccine administered on November 26, 2010, caused a shoulder injury related to vaccine administration (SIRVA). The parties reached a joint stipulation on July 2, 2015, agreeing to a settlement. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. Petitioner received a lump sum award of $829,928.40, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and Respondent's counsel was Ryan D. Pyles of the United States Department of Justice. The public decision does not detail the specific mechanism of injury, expert testimony, or the respondent's specific defenses beyond a general denial.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00851-0
Date issued/filed: 2015-07-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/08/2015) regarding 39 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:13-vv-00851-UNJ Document 43 Filed 07/29/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-851V
Filed: July 8, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
SEECHEL PATEL, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“flu”) vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On October 29, 2013, Seechel Patel (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that an influenza (“flu”) vaccination administered on November 26, 2010 caused her to develop a
shoulder injury related to vaccine administration (“SIRVA”).
On July 2, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. The parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00851-UNJ Document 43 Filed 07/29/15 Page 2 of 7
the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $829,928.40 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 9.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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