VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00002
Package ID: USCOURTS-cofc-1_15-vv-00002
Petitioner: Juan Alvarado
Filed: 2015-01-05
Decided: 2017-05-03
Vaccine: influenza
Vaccination date: 2012-11-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Juan Alvarado filed a petition on January 5, 2015, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on November 5, 2012. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's injury. However, on April 4, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Special Master Thomas L. Gowen adopted the stipulation as the decision of the court. The stipulation awarded Juan Alvarado $105,000.00 as a lump sum for pain and suffering. The parties waived their right to seek review of the decision. The public decision does not describe the petitioner's specific symptoms, medical tests, treatments, or any expert witnesses. Petitioner was represented by Ronald C. Homer of Conway, Homer, P.C., and respondent was represented by Sarah C. Duncan of the United States Department of Justice.

Theory of causation field:
Petitioner Juan Alvarado alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 5, 2012. The parties filed a joint stipulation on April 4, 2017, agreeing to an award. Respondent denied causation but stipulated to the award. The Special Master adopted the stipulation. The award was $105,000.00 for pain and suffering. The theory of causation was based on the Vaccine Injury Table (SIRVA). The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. Petitioner was represented by Ronald C. Homer, and respondent by Sarah C. Duncan. Special Master Thomas L. Gowen issued the decision on May 3, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00002-0
Date issued/filed: 2017-05-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/04/2017) regarding 52 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00002-UNJ Document 56 Filed 05/03/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-02V
Filed: April 4, 2017
* * * * * * * * * * * * * UNPUBLISHED
JUAN ALVARADO, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
SECRETARY OF HEALTH * Shoulder Injury (“SIRVA”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Sarah C. Duncan, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 5, 2015, Juan Alvarado (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on November 5, 2012, he suffered a
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1.
On April 4, 2017, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused petitioner to
suffer from a shoulder injury or any other injury. Stipulation at ¶ 6. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
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, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). 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 (2012) (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 1:15-vv-00002-UNJ Document 56 Filed 05/03/17 Page 2 of 7
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that petitioner shall receive the following in compensation:
a. A lump sum of $105,000.00, which represents compensation for pain and suffering,
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).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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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