VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01538
Package ID: USCOURTS-cofc-1_16-vv-01538
Petitioner: Raymond Fowler
Filed: 2017-10-05
Decided: 2018-02-14
Vaccine: pneumococcal
Vaccination date: 2016-02-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Raymond Fowler filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2017, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by his pneumococcal vaccine received on February 24, 2016. Mr. Fowler claimed residual effects of his injury lasting more than six months and stated there had been no prior award or settlement of a civil action for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that the pneumococcal vaccine caused Mr. Fowler's alleged SIRVA or any other injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation on October 5, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Raymond Fowler was awarded a lump sum of $65,000.00, payable to him, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on February 14, 2018. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Bruce William Slane of the Law Office of Bruce W. Slane, P.C., and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Raymond Fowler alleged a shoulder injury related to vaccine administration (SIRVA) caused by his February 24, 2016, pneumococcal vaccine, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which the Chief Special Master adopted. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. Raymond Fowler was awarded $65,000.00. The decision was issued by Chief Special Master Nora Beth Dorsey on February 14, 2018. Petitioner's counsel was Bruce William Slane, and respondent's counsel was Linda Sara Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01538-0
Date issued/filed: 2018-02-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/5/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01538-UNJ Document 38 Filed 02/14/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1538V
Filed: October 5, 2017
UNPUBLISHED
RAYMOND FOWLER,
Special Processing Unit (SPU); Joint
Stipulation on Damages;
Petitioner,
Pneumococcal Conjugate Vaccine;
v.
Shoulder Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 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 related to vaccine
administration (“SIRVA”) caused by his February 24, 2016 pneumococcal (“Prevnar”)
vaccine. Petition at 1; Stipulation, filed October 5, 2017, at ¶ 4. Petitioner further
alleges that he experienced 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 on his
behalf as a result of his condition. Petition at 4; Stipulation at ¶¶ 4-5. “Respondent
denies that the Prevnar vaccine is the cause of petitioner’s alleged SIRVA or any other
injury, or his current condition. ” 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-01538-UNJ Document 38 Filed 02/14/18 Page 2 of 7
Nevertheless, on October 5, 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 $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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