VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01587 Package ID: USCOURTS-cofc-1_16-vv-01587 Petitioner: Michael Johnson Filed: 2016-11-30 Decided: 2018-04-18 Vaccine: pneumococcal conjugate vaccine Vaccination date: Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Michael Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2016, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine (Prevnar). He further alleged that the residual effects of his injury lasted for more than six months. The respondent denied that the vaccine caused the petitioner's injury. Nevertheless, on January 18, 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. Michael Johnson was awarded a lump sum of $30,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was entered on April 18, 2018. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Douglas Ross of the U.S. Department of Justice. Theory of causation field: Petitioner Michael Johnson alleged a shoulder injury related to vaccine administration (SIRVA) following vaccination with the pneumococcal conjugate vaccine (Prevnar). The injury's residual effects were alleged to have lasted more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The case was compensated under the "Table" theory, as indicated by the stipulation and award. Petitioner Michael Johnson received a lump sum award of $30,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the clinical progression of the condition. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Douglas Ross. The decision date was April 18, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01587-0 Date issued/filed: 2018-04-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/18/2018) regarding 35 DECISION on Remand Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01587-UNJ Document 43 Filed 04/18/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1587V Filed: January 18, 2018 UNPUBLISHED MICHAEL JOHNSON, Special Processing Unit (SPU); Joint Stipulation on Damages; Petitioner, Pneumococcal Conjugate Vaccine v. (“Prevnar”); Shoulder Injury Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 30, 2016, Michael Johnson (“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 as a result of receiving a pneumococcal conjugate vaccine (“Prevnar”), he suffered from a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1; Stipulation, filed January 18, 2018, at ¶ 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at 5; Stipulation at ¶ 4. “Respondent denies that the Prevnar vaccine caused petitioner to suffer a shoulder injury or any other injury.” Stipulation at ¶ 6. Nevertheless, on January 18, 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-01587-UNJ Document 43 Filed 04/18/18 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 $30,000.00, 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-01587-UNJ Document 43 Filed 04/18/18 Page 3 of 7 Case 1:16-vv-01587-UNJ Document 43 Filed 04/18/18 Page 4 of 7 Case 1:16-vv-01587-UNJ Document 43 Filed 04/18/18 Page 5 of 7 Case 1:16-vv-01587-UNJ Document 43 Filed 04/18/18 Page 6 of 7 Case 1:16-vv-01587-UNJ Document 43 Filed 04/18/18 Page 7 of 7