VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01512
Package ID: USCOURTS-cofc-1_15-vv-01512
Petitioner: David Parker
Filed: 2015-12-14
Decided: 2017-02-16
Vaccine: influenza
Vaccination date: 2014-09-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
David Parker filed a petition for compensation under the National Vaccine Injury Compensation Program on December 14, 2015, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on September 22, 2014. Mr. Parker stated the vaccine was administered in the United States, that he experienced residual effects of the injury for more than six months, and that he had not received a prior award or settlement for this condition. The respondent denied that the flu immunization caused Mr. Parker's alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation for damages on October 31, 2016. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded David Parker a lump sum of $65,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. The court directed the clerk to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
Petitioner David Parker alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 22, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation awarded $65,000.00 as compensation for all damages under the Vaccine Act. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The case was compensated via stipulation, and the theory of causation is listed as 'Table'.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01512-0
Date issued/filed: 2017-02-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/01/2016) regarding 29 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01512-UNJ Document 34 Filed 02/16/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1512V
Filed: November 1, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DAVID PARKER, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 14, 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”) as a result of a September 22, 2014 influenza (“flu”) vaccine.
Petition at 2; Stipulation, filed October 31, 2016, at ¶ 1. Petitioner further alleges that
the vaccine was administered within the United States, he experienced residual effects
of this 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 condition. Petition at 2-3; Stipulation at ¶¶
3-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged
SIRVA and/or any other injury.” Stipulation at ¶ 6.
Nevertheless, on October 31, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01512-UNJ Document 34 Filed 02/16/17 Page 2 of 7
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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