VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01457
Package ID: USCOURTS-cofc-1_15-vv-01457
Petitioner: Jason Johnson
Filed: 2017-02-21
Decided: 2018-05-22
Vaccine: influenza
Vaccination date: 2014-10-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Petitioner Jason Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2015. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 29, 2014. Petitioner further alleged that the vaccine was administered in the United States, that he experienced residual effects of the alleged injury for more than six months, and that there had been no prior award or settlement of a civil action for damages as a result of his alleged injury. Respondent denied that the flu vaccination caused petitioner's alleged injury or any other condition. Despite the denial, the parties filed a joint stipulation on February 21, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $65,000.00, payable to petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was issued on May 22, 2018. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Alexis Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged SIRVA following an influenza vaccination on October 29, 2014. Respondent denied that the vaccination caused the injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $65,000.00. The specific medical theory of causation, expert testimony, or mechanism of injury was not detailed in the public decision, as the case was resolved via stipulation. The decision date was May 22, 2018. Petitioner's counsel was Maximillian Muller, and respondent's counsel was Alexis Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01457-0
Date issued/filed: 2018-05-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/21/2017) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:15-vv-01457-UNJ Document 44 Filed 05/22/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1457V
Filed: February 21, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JASON JOHNSON, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 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”) following an influenza (“flu”) vaccination on October 29, 2014.
Petition at 1; Stipulation, filed February 21, 2017, at ¶ 1. Petitioner further alleges that
the vaccine was administered within the United States, he has experienced the residual
effects of the alleged injury for more than six months, and there has been no prior
award or settlement of a civil action for damages as a result of his alleged injury.
Petition at 1-3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged injury
was caused-in-fact by his flu vaccination, and denies that the vaccine caused any other
injury or his current condition. ” 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-01457-UNJ Document 44 Filed 05/22/18 Page 2 of 7
Nevertheless, on February 21, 2017, 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 $65,000.00 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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