VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01476 Package ID: USCOURTS-cofc-1_15-vv-01476 Petitioner: Daryl Dawsonia Filed: 2018-07-16 Decided: 2018-07-16 Vaccine: influenza Vaccination date: 2012-12-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: On July 16, 2018, petitioner Daryl Dawsonia filed a petition alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on December 19, 2012. He further alleged that the residual effects of this injury persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's SIRVA or any other injury. The parties subsequently reached a stipulation to resolve the matter. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Daryl Dawsonia $55,000.00 as compensation for all damages. The award was to be issued as a check made payable to the petitioner. The decision was issued on July 16, 2018, following the filing of the petition on the same date. Petitioner was represented by Ronald C. Homer, and respondent was represented by Glenn A. MacLeod. Theory of causation field: Petitioner Daryl Dawsonia alleged that an influenza vaccine administered on December 19, 2012, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, which was adopted by Special Master Laura D. Millman. The stipulation resulted in an award of $55,000.00 for all damages. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. Petitioner counsel was Ronald C. Homer, and respondent counsel was Glenn A. MacLeod. The decision date was July 16, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01476-0 Date issued/filed: 2018-08-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/16/2018) regarding 63 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-01476-UNJ Document 68 Filed 08/13/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1476V Filed: July 16, 2018 Not for Publication ************************************* DARYL DAWSONIA, * * Petitioner, * * Damages decision based on stipulation; v. * influenza (flu) vaccine; shoulder injury * related to vaccine administration (SIRVA) * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On July 16, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from a shoulder injury related to vaccine administration (“SIRVA”) that was caused by his receipt of influenza (“flu”) vaccine on December 19, 2012. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer SIRVA or any other injury. Nonetheless, the parties agreed to resolve this matter 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:15-vv-01476-UNJ Document 68 Filed 08/13/18 Page 2 of 7 informally. The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $55,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $55,000.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: July 16, 2018 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:15-vv-01476-UNJ Document 68 Filed 08/13/18 Page 3 of 7 Case 1:15-vv-01476-UNJ Document 68 Filed 08/13/18 Page 4 of 7 Case 1:15-vv-01476-UNJ Document 68 Filed 08/13/18 Page 5 of 7 Case 1:15-vv-01476-UNJ Document 68 Filed 08/13/18 Page 6 of 7 Case 1:15-vv-01476-UNJ Document 68 Filed 08/13/18 Page 7 of 7