VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00768
Package ID: USCOURTS-cofc-1_16-vv-00768
Petitioner: Joe Green
Filed: 2017-01-23
Decided: 2017-01-23
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Joe Green filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 16, 2014. Mr. Green stated the vaccine was administered in the United States and that he experienced residual effects of his injury for more than six months. Respondent denied that the flu vaccine caused Mr. Green's alleged SIRVA or any other injury. The parties subsequently filed a joint stipulation for damages, 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. Mr. Green was awarded a lump sum of $60,000.00 as compensation for all items of damages. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Colleen C. Hartley.

Theory of causation field:
Petitioner Joe Green alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 16, 2014. Respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts. Chief Special Master Nora Beth Dorsey approved the stipulation, awarding a lump sum of $60,000.00 for all items of damages. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Colleen C. Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00768-0
Date issued/filed: 2017-06-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/23/2017) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00768-UNJ Document 34 Filed 06/15/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0768V
Filed: January 23, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOE GREEN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 29, 2016, Joe Green (“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 receiving an influenza (“flu”) vaccination
October 16, 2014. Pet. at 1; Stip., filed Jan. 23, 2017, at ¶¶ 1, 2, 4. Petitioner further
states that the vaccine was administered in the United States, that he experienced the
residual effects of his injury for more than six months, and that there has been no prior
award or settlement of a civil action for damages as a result of his condition. Pet. at ¶¶
5, 23, 24; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine caused petitioner’s
alleged SIRVA or any other injury and further denies that his current disabilities are a
sequela of a vaccine-related injury. Stip. 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-00768-UNJ Document 34 Filed 06/15/17 Page 2 of 7
Nevertheless, on January 23, 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 $60,000.00 in the form of a check payable to petitioner, Joe
Green. Stip. 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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