VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00454 Package ID: USCOURTS-cofc-1_16-vv-00454 Petitioner: Frederick Green Filed: 2016-04-11 Decided: 2018-01-23 Vaccine: influenza Vaccination date: 2014-12-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 87000 AI-assisted case summary: Frederick Green filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in his left deltoid on December 6, 2014. He stated that he received the vaccination in the United States, experienced effects of the injury for more than six months, and had not filed a lawsuit or received compensation for the vaccine-caused injury. Respondent denied that the flu vaccine caused Mr. Green's shoulder injury or any other disability. Despite the denial, the parties filed a joint stipulation on July 20, 2017, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Mr. Green was awarded a lump sum of $87,000.00 as compensation for all available damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00454-0 Date issued/filed: 2018-01-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/20/2017) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00454-UNJ Document 38 Filed 01/23/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0454V Filed: July 20, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * FREDERICK GREEN, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (Flu) Vaccine; Shoulder Injury * Related to Vaccine Administration SECRETARY OF HEALTH * (SIRVA); Special Processing Unit (SPU) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 11, 2016, 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza vaccine in his left deltoid on December 6, 2014. Petition at 1, ¶ 2; see also Stipulation, filed July 20, 2017, at ¶¶ 1-2, 4. Petitioner further alleged that he received the vaccination in the United States, suffered the effects of his injury for more than six months, and has not brought an action nor received compensation for his injury, alleged as vaccine caused. Petition at ¶¶ 10- 12; see also Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s shoulder injury, any other injury, or his current disabilities.” 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 1:16-vv-00454-UNJ Document 38 Filed 01/23/18 Page 2 of 7 Nevertheless, on July 20, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $87,000.00 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 Case 1:16-vv-00454-UNJ Document 38 Filed 01/23/18 Page 3 of 7 Case 1:16-vv-00454-UNJ Document 38 Filed 01/23/18 Page 4 of 7 Case 1:16-vv-00454-UNJ Document 38 Filed 01/23/18 Page 5 of 7 Case 1:16-vv-00454-UNJ Document 38 Filed 01/23/18 Page 6 of 7 Case 1:16-vv-00454-UNJ Document 38 Filed 01/23/18 Page 7 of 7