VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00733 Package ID: USCOURTS-cofc-1_14-vv-00733 Petitioner: Fredrick Richardson Filed: 2015-11-12 Decided: 2015-11-12 Vaccine: influenza Vaccination date: 2011-11-04 Condition: chronic shoulder pain consistent with adhesive capsulitis Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Fredrick Richardson filed a petition on November 12, 2015, alleging that he suffered from chronic shoulder pain consistent with adhesive capsulitis, which he claimed was caused by an influenza vaccine administered on November 4, 2011. Mr. Richardson further alleged that the residual effects of this injury persisted for more than six months. The respondent denied that the influenza vaccine caused Mr. Richardson's shoulder injury or any other injury, and denied that the vaccine caused his current disabilities. The parties reached a stipulation to resolve the matter. Special Master Laura D. Millman adopted the terms of the stipulation. Mr. Richardson was awarded $25,000.00 as compensation for all damages. The award was to be paid as a check made payable to the petitioner. Ronald C. Homer represented the petitioner, and Heather L. Pearlman represented the respondent. The decision was issued on November 12, 2015. Theory of causation field: Petitioner Fredrick Richardson alleged that an influenza vaccine administered on November 4, 2011, caused chronic shoulder pain consistent with adhesive capsulitis, with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the matter, and Special Master Laura D. Millman adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. The award was $25,000.00 as a lump sum check to the petitioner for all damages. The decision date was November 12, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Heather L. Pearlman. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00733-0 Date issued/filed: 2015-12-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/12/2015) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00733-UNJ Document 30 Filed 12/07/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-733V Filed: November 12, 2015 Not for Publication ************************************* FREDRICK RICHARDSON, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; shoulder injury; adhesive SECRETARY OF HEALTH * capsulitis AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA for petitioner. Heather L. Pearlman, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 12, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from chronic shoulder pain consistent with adhesive capsulitis that was caused by his receipt of influenza (“flu”) vaccine on November 4, 2011. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer a shoulder injury or any other injury and further denies that the flu vaccine caused petitioner’s current disabilities. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:14-vv-00733-UNJ Document 30 Filed 12/07/15 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $25,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check for $25,000.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: November 12, 2015 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. Case 1:14-vv-00733-UNJ Document 30 Filed 12/07/15 Page 3 of 7 Case 1:14-vv-00733-UNJ Document 30 Filed 12/07/15 Page 4 of 7 Case 1:14-vv-00733-UNJ Document 30 Filed 12/07/15 Page 5 of 7 Case 1:14-vv-00733-UNJ Document 30 Filed 12/07/15 Page 6 of 7 Case 1:14-vv-00733-UNJ Document 30 Filed 12/07/15 Page 7 of 7