VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01238
Package ID: USCOURTS-cofc-1_14-vv-01238
Petitioner: Raul DeJesus
Filed: 2014-12-29
Decided: 2016-11-21
Vaccine: influenza
Vaccination date: 2013-10-14
Condition: shoulder injuries, including bursitis and adhesive capsulitis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Raul DeJesus filed a petition for vaccine compensation on December 29, 2014, alleging that the influenza vaccine he received on October 14, 2013, caused him to suffer shoulder injuries, including bursitis and adhesive capsulitis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries. Despite these differing positions, the parties reached a joint stipulation to settle the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. DeJesus a lump sum payment of $50,000.00, payable to him, as compensation for all damages available under the program. This award represents a negotiated settlement of liability and damages. The decision was filed on November 21, 2016. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The decision also does not detail the specific mechanism by which the vaccine allegedly caused the injury.

Theory of causation field:
Petitioner Raul DeJesus received an influenza vaccine on October 14, 2013. He alleged that this vaccine caused shoulder injuries, including bursitis and adhesive capsulitis, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused the alleged injuries. The parties reached a stipulation to settle the case, which was adopted by Special Master Christian J. Moran. The stipulation awarded petitioner a lump sum of $50,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific medical experts, the mechanism of injury, or the evidence presented to support the claim. The theory of causation is based on the vaccine being listed on the Vaccine Injury Table, leading to a SIRVA (Shoulder Injury Related to Vaccine Administration) claim. Petitioner was represented by Muller Brazil, LLP, and Respondent by the U.S. Department of Justice. The decision date was November 21, 2016.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-01238-0
Date issued/filed: 2016-11-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/27/16) regarding 46 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:14-vv-01238-UNJ Document 49 Filed 11/21/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RAUL DEJESUS, * No. 14-1238V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: October 27, 2016
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* shoulder injury related to vaccine
Respondent. * administration (“SIRVA”).
*
* * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner;
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On October 26, 2016, the parties filed a joint stipulation concerning the
petition for compensation filed by Raul DeJesus on December 29, 2014. In his
petition, petitioner alleged that the influenza vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on
October 14, 2013, caused him to suffer shoulder injuries, including bursitis and
adhesive capsulitis. Petitioner further alleges that he suffered the residual effects
of this injury for more than six months. Petitioner represents that there has been no
prior award or settlement of a civil action for damages on his behalf as a result of
his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:14-vv-01238-UNJ Document 49 Filed 11/21/16 Page 2 of 7
Respondent denies that the influenza vaccine caused petitioner to suffer
shoulder injuries or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $50,000.00 in the form of a check payable to
petitioner, Raul DeJesus. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-1283V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPEC[AL MASTERS
***********'**********'**
•
•
RAUL DEJESUS,
*
Petitioner, *
*
•
v. ~o. 14-1238V (ECF)
•
Special Master
+ CHRISTrAN J. MORAN
•
SECRETA RY OF HEALT H
AND HUMAN SERVICES, *
*
Respondent •
*************************
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner tiled a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U .S.C. § 300aa-l0 to 34 (the "Vaccine Program"). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of trivalent influenza
(''flu") vaccine, which vaccine is contained io the Vaccine lnjury Table (the "Table"), 42 C.F.R.
§I00.3(a).
2. Petitioner received the flu vaccine on or about October 14, 2013.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered "shoulder injuries, including' bursitis and adhesive
capsulitis" as a consequence of the flu immunization he received on or about October 14, 2013,
and further alleges that he suffered the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement ofa civil action
for damages on his behalf as a result of his condition.
. Page 1of5

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6. Respondenl denies that the flu vaccine caused petitioner's aUcged shoulder injuries,
including bursitis and adhesive capsulitis or any other injury and further denies that his current
disabilities are a sequels of a vaccine-related injury.
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 8 of this Stipulation:
8. As soon as practicable after en entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursunnt to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$50,000.00 in the form of a check payable to petitioner,
representing compensation for al I damages that would be available under 42
U. S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment 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-2 I (a)( I), 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.
l O. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), Including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)). or entities that provide health services on a prepaid be.sis.
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I I. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awat'ded
pursuant to paragl'aph 9 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 attorney's fees and litigation costs, 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-J 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors, and assigns,
does forever 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
(inc.:luding 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 United States Court ofFederal Claims, under the National Vaccine Jnjury
Compensation Program, 42 U.S.C. § 300aa-J 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 flu vaccination administered on or
about October 14, 2013, as alleged by petitioner in a petition for vaccine compensation filed on
or about December 29, 2014, in the United Slates Cou1t of Federal Claims as petition No. 14-
1238V.
I4 . If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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15. If the special master fails to issue a decision in complete conformity witb the terms
of this Stipulation or if the United States Court of Federal Claims foils to enter judgment in
conformity with a decision that is in complete conformity 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, .llS amended, except
es otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
patties hereto to make any payment or 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
injuries, including bursitis and adhesive capsulitis or any other injury or any of his current
disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Respectfully submitted,
.-PETITIONER:
<. ,,.) •
R AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
C~ES (<--_
. MULLER, ESQ.
JL, LLP Acting Deputy Director
715 wining Road, Ste. 107 Torts B1·anch
Dresher, PA 19025 Civil Division
Tel: (215) 259-8662 U. S. Department ofJ ustice
P. 0. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRET Y EAL TH AND RESPONDENT:
BUMAN SE alktt:¥:i!
~f~
R,M.D.
Director, Division of Injury Senior Trial Counsel
Compensation Programs Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
Health Resources and Services Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, D.C. 20044-0146
5600 Fishers Lane Tel: (202) 616-4122
Park.lawn Building, Stop-08Nl46B
Rockville, MD 20857
/rJba /J_6
Dated:
I
I
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