VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01016
Package ID: USCOURTS-cofc-1_16-vv-01016
Petitioner: Daniel Soper
Filed: 2018-01-09
Decided: 2018-04-26
Vaccine: influenza
Vaccination date: 2013-11-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 52856

AI-assisted case summary:
Daniel Soper filed a petition for compensation under the National Vaccine Injury Compensation Program on January 9, 2018, alleging that he suffered a shoulder injury caused by his November 11, 2013, influenza vaccination. He claimed residual effects from the condition for more than six months. The respondent denied that the flu immunization caused the alleged shoulder injury or any other condition. Nevertheless, on January 8, 2018, the parties filed a joint stipulation 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. Pursuant to the stipulation, Daniel Soper was awarded a lump sum of $52,856.46 as compensation for all items of damages available under the Vaccine Act. The decision was issued on April 26, 2018. Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Camille Michelle Collett of the U.S. Department of Justice.

Theory of causation field:
Petitioner Daniel Soper alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 11, 2013. The respondent denied causation. The parties filed a joint stipulation on January 8, 2018, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court on April 26, 2018. Petitioner was awarded a lump sum of $52,856.46. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts supporting the SIRVA diagnosis or its link to the vaccination.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01016-0
Date issued/filed: 2018-04-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/9/2018) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01016-UNJ Document 52 Filed 04/26/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1016V
Filed: January 9, 2018
UNPUBLISHED
DANIEL SOPER,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 17, 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 alleges that he suffered a shoulder injury caused by his
November 11, 2013 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed January
8, 2018, at ¶ 4. Petitioner further alleges that he experienced residual effects of this
condition 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. Petition at 6; Stipulation at ¶¶
4-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged
shoulder injury, or any other injury or condition. ” Stipulation at ¶ 6.
Nevertheless, on January 8, 2018, 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 1:16-vv-01016-UNJ Document 52 Filed 04/26/18 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.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $52,856.46 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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