VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01143
Package ID: USCOURTS-cofc-1_15-vv-01143
Petitioner: Ashok Patel
Filed: 2015-10-07
Decided: 2016-06-16
Vaccine: influenza
Vaccination date: 2014-10-02
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Ashok Patel filed a petition for compensation under the National Vaccine Injury Compensation Program on October 7, 2015, alleging he suffered left shoulder injuries as a result of an influenza vaccination received on October 2, 2014. Petitioner stated that the vaccination was administered in the United States, that the effects of his injury lasted for more than six months, and that he had not received prior compensation for this vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the petitioner's alleged injuries and residual effects were caused in fact by the flu vaccine, and also denied that the flu vaccine caused any other injury or the petitioner's current condition. Despite the respondent's denial, on May 12, 2016, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As per the stipulation, Ashok Patel was awarded a lump sum of $50,000.00, payable to him by check, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on June 16, 2016. Petitioner's counsel was Maximillian Muller of Muller Brazil, LLP, and respondent's counsel was Julia McInerny of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury. The specific theory of causation is not detailed in the public decision.

Theory of causation field:
Petitioner Ashok Patel alleged left shoulder injuries following an influenza vaccination on October 2, 2014. Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The stipulation was adopted by Chief Special Master Nora Beth Dorsey on June 16, 2016. Petitioner was awarded $50,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that respondent denied causation. The award was based on a joint stipulation, not a finding of causation after litigation. Petitioner's counsel was Maximillian Muller, and respondent's counsel was Julia McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01143-0
Date issued/filed: 2016-06-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/12/2016) regarding 15 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01143-UNJ Document 20 Filed 06/16/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1143V
Filed: May 12, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ASHOK PATEL, *
*
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“flu”) Vaccine; Shoulder
* Injury; Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Julia McInerny, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 7, 2015, Ashok Patel (“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 left shoulder injuries as a
result of an influenza (“flu”) vaccination he received on October 2, 2014. Petition at 1;
Stipulation, filed May 12, 2016, at ¶¶ 2, 4. Petitioner further alleges that he received the
vaccination in the United States, that he has suffered the effects of his injury for more
than six months, and that he has not received compensation for his vaccine related
injury. Pet. at ¶¶ 3, 13, 15; see also Stip. at ¶¶ 3-5. Respondent denies that petitioner’s
alleged injuries and residual effects were caused-in-fact by the flu vaccine. Stip. at ¶ 6.
Respondent further denies that the flu vaccine caused any other injury or petitioner’s
current condition. Id.
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-01143-UNJ Document 20 Filed 06/16/16 Page 2 of 7
Nevertheless, on May 12, 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 $50,000.00 in the form of a check payable to petitioner,
Ashok Patel. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Stip. at ¶ 8.
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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