VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01111
Package ID: USCOURTS-cofc-1_15-vv-01111
Petitioner: Dennis Vivians
Filed: 2015-10-02
Decided: 2016-07-06
Vaccine: influenza
Vaccination date: 
Condition: shoulder injury related to vaccine administration (“SIRVA”), including a rotator cuff tear and acute-on-chronic mononeuropathy of the ulnar nerve causing pain and limited range of motion in his shoulder and upper arm
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
On October 2, 2015, Dennis Vivians filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Vivians alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine. His alleged injuries included a rotator cuff tear and acute-on-chronic mononeuropathy of the ulnar nerve, resulting in pain and limited range of motion in his right shoulder and upper arm. The petition stated that the vaccine was administered in the United States, that Mr. Vivians experienced residual effects of his injury for more than six months, and that there had not been a prior award or settlement of a civil action for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Vivians' alleged injuries. Despite this denial, the parties filed a joint stipulation on May 27, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Mr. Vivians was awarded a lump sum of $70,000.00, payable to him, as compensation for all items of damages. Edward M. Kraus represented the petitioner, and Ann D. Martin represented the respondent. The decision was issued on July 6, 2016.

Theory of causation field:
Petitioner Dennis Vivians alleged a shoulder injury related to vaccine administration (SIRVA), including a rotator cuff tear and acute-on-chronic mononeuropathy of the ulnar nerve, following an influenza vaccination. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $70,000.00 in a lump sum. The specific theory of causation and any supporting or opposing expert testimony are not detailed in the provided public text, as the case was resolved via stipulation. Petitioner counsel was Edward M. Kraus, and respondent counsel was Ann D. Martin. The decision date was July 6, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01111-0
Date issued/filed: 2016-07-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/31/2016) regarding 26 DECISION Stipulation/Proffer, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01111-UNJ Document 30 Filed 07/06/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1111V
Filed: May 31, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DENNIS VIVIANS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Chicago Kent, Chicago, IL, for petitioner.
Ann D. Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 2, 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 related to vaccine
administration (“SIRVA”), including a rotator cuff tear and acute-on-chronic
mononeuropathy of the ulnar nerve causing pain and limited range of motion in his
shoulder and upper arm. Petition at 1 and ¶ 22; Stipulation, filed May 27, 2016, at ¶ 4.
Petitioner further alleges that the vaccine was administered within the United States, he
experienced the residual effects of his right shoulder injury for more than six months,
and there has not been a prior award or settlement of a civil action for damages on his
behalf as a result of his condition. Petition at ¶¶ 24-25; Stipulation at ¶¶ 3-5.
“Respondent denies that the influenza vaccine caused petitioner to suffer a rotator cuff
tear, acute-on-chronic mononeuropathy of the ulnar nerve, or any other injury. ”
Stipulation at ¶ 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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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-01111-UNJ Document 30 Filed 07/06/16 Page 2 of 7
Nevertheless, on May 27, 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $70,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 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.
2

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