VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00829 Package ID: USCOURTS-cofc-1_14-vv-00829 Petitioner: Theodore Anglace Filed: 2014-09-08 Decided: 2015-08-05 Vaccine: Influenza Vaccination date: Condition: left shoulder pain and adhesive capsulitis (a shoulder injury related to vaccine administration (“SIRVA”)) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Theodore Anglace filed a petition for compensation under the National Vaccine Injury Compensation Program on September 8, 2014. He alleged that he suffered left shoulder pain and adhesive capsulitis, a shoulder injury related to vaccine administration (SIRVA), as a result of an Influenza vaccination. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged SIRVA injury or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties reached a settlement agreement. The respondent agreed to pay Theodore Anglace a lump sum of $90,000.00 as compensation for all damages. The Chief Special Master, Denise Kathryn Vowell, adopted the parties' stipulation and awarded compensation in the agreed-upon amount and terms. The decision was issued on August 5, 2015. Ronald Homer represented the petitioner, and Glenn MacLeod represented the respondent. Theory of causation field: Theodore Anglace filed a petition alleging left shoulder pain and adhesive capsulitis (SIRVA) following an Influenza vaccination. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to a lump sum award of $90,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, clinical findings, onset, symptoms, tests, or treatments. The Chief Special Master Denise Kathryn Vowell adopted the stipulation. The decision was issued on August 5, 2015. Petitioner's counsel was Ronald Homer, and respondent's counsel was Glenn MacLeod. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00829-0 Date issued/filed: 2015-08-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/14/2015) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell. )(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00829-UNJ Document 30 Filed 08/05/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-829V Filed: July 14, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * THEODORE ANGLACE, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer, & Chin-Caplan, P.C., for petitioner. Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Vowell, Chief Special Master: On September 8, 2014, Theodore Anglace filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that “he suffered left shoulder pain and adhesive capsulitis (a shoulder injury related to vaccine administration (“SIRVA”))” as the result of an Influenza [“Flu”] vaccination. Stipulation, filed July 13, 2015, ¶ 4; Petition at 1. Petitioner further alleges that he experienced the residual effects of his injury for more than six months, has filed no other action for this injury, and has received no prior award or settlement. Petition, ¶¶ 18-19; Stipulation, ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA injury or any other injury and further denies that his current disabilities are a sequela of a vaccine- related injury.” Stipulation, ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Claims' website, 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)). 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). Case 1:14-vv-00829-UNJ Document 30 Filed 08/05/15 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On July 13, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner a lump sum of $90,000.00 in the form of a check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. 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 s/Denise K. Vowell Denise K. Vowell Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:14-vv-00829-UNJ Document 30 Filed 08/05/15 Page 3 of 7 Case 1:14-vv-00829-UNJ Document 30 Filed 08/05/15 Page 4 of 7 Case 1:14-vv-00829-UNJ Document 30 Filed 08/05/15 Page 5 of 7 Case 1:14-vv-00829-UNJ Document 30 Filed 08/05/15 Page 6 of 7 Case 1:14-vv-00829-UNJ Document 30 Filed 08/05/15 Page 7 of 7