VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00150 Package ID: USCOURTS-cofc-1_15-vv-00150 Petitioner: Ronald Watkins Filed: 2015-02-18 Decided: 2016-05-04 Vaccine: influenza Vaccination date: 2013-10-01 Condition: shoulder injury Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On February 18, 2015, Ronald Watkins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury following his influenza vaccination on October 1, 2013. Mr. Watkins claimed the injury was residual and lasted for more than six months, and that he had not received any prior award or settlement for this condition. The Secretary of Health and Human Services, respondent, denied that the influenza immunization caused Mr. Watkins' alleged shoulder injury or any other condition. The parties subsequently filed a joint stipulation for damages on January 28, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided that Mr. Watkins would receive a lump sum of $75,000.00, payable by check to the petitioner. This amount was intended to cover all items of damages available under the Vaccine Act, 42 U.S.C. § 300aa-15(a). Judgment was to be entered in accordance with this decision. Michael McLaren of Black McLaren Jones Ryland & Griffee PC represented the petitioner, and Camille Collett of the U.S. Department of Justice represented the respondent. The decision was entered on May 4, 2016. Theory of causation field: Petitioner Ronald Watkins alleged a shoulder injury, specifically SIRVA, following an October 1, 2013, influenza vaccination. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner received a lump sum of $75,000.00 for all damages available under the Vaccine Act. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged injury or its residual effects lasting more than six months. The decision was entered on May 4, 2016, based on the joint stipulation. Attorneys for petitioner were Michael McLaren, Black McLaren Jones Ryland & Griffee PC, and for respondent was Camille Collett, U.S. Department of Justice. Chief Special Master Nora Beth Dorsey issued the decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00150-0 Date issued/filed: 2016-05-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/28/2016) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00150-UNJ Document 35 Filed 05/04/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-150V Filed: January 28, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * RONALD WATKINS, * * Petitioner, * Joint Stipulation on Damages; * Influenza; * Shoulder Injury (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael McLaren, Black McLaren Jones Ryland & Griffee PC, Memphis, TN, for petitioner. Camille Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On February 18, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act”]. Petitioner alleges that he suffered a shoulder injury following his October 1, 2013 influenza vaccination. Petition at 1; Stipulation, filed 1/28/2016, ¶ 1. Petitioner further alleges that he received the vaccination within the United States, that the residual effects of his injury lasted for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of his condition. Petition at 4; Stipulation¶¶ 1-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged shoulder injury, or any other injury or condition. ” Stipulation, ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 1:15-vv-00150-UNJ Document 35 Filed 05/04/16 Page 2 of 7 Nevertheless, on January 28, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulated that petitioner shall receive the following compensation: A lump sum of $75,000.00 in the form of a check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. 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 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. CCaassee 11::1155--vvvv--0000115500--UUNNJJ DDooccuummeenntt 2375 FFiilleedd 0015//2084//1166 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0000115500--UUNNJJ DDooccuummeenntt 2375 FFiilleedd 0015//2084//1166 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0000115500--UUNNJJ DDooccuummeenntt 2375 FFiilleedd 0015//2084//1166 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0000115500--UUNNJJ DDooccuummeenntt 2375 FFiilleedd 0015//2084//1166 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0000115500--UUNNJJ DDooccuummeenntt 2375 FFiilleedd 0015//2084//1166 PPaaggee 57 ooff 57