VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01601 Package ID: USCOURTS-cofc-1_16-vv-01601 Petitioner: Albert Cestaro Filed: 2016-12-02 Decided: 2018-05-01 Vaccine: influenza Vaccination date: 2015-10-05 Condition: shoulder injury Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Albert Cestaro filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2016, alleging that an influenza vaccination he received on or about October 5, 2015, caused him to develop a shoulder injury. He claimed the residual effects of this condition lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr. Cestaro's alleged shoulder injury or any other condition. Despite maintaining their respective positions, the parties entered into a joint stipulation to settle the case. The stipulation awarded Mr. Cestaro a lump sum of $15,000.00, representing all damages available under the program. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with its terms. This decision was issued on May 1, 2018. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01601-0 Date issued/filed: 2018-05-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/04/2018) regarding 49 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01601-UNJ Document 64 Filed 05/01/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 4, 2018 * * * * * * * * * * * * * * * * * * * UNPUBLISHED ALBERT CESTARO, * * No. 16-1601V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccination; Shoulder Injury. * Respondent. * * * * * * * * * * * * * * * * * * * * James B. Blumenstiel, Powell, OH, for petitioner. Camille C. Collett, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 2, 2016, Albert Cestaro (“petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 Petitioner received an influenza (“flu”) vaccination on or about October 5, 2015. Petitioner alleged that this flu vaccination caused him to develop a shoulder injury and that he experienced the residual effects of this condition for more than six months. On April 4, 2018, respondent filed a joint stipulation providing that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 48). Respondent denies that the flu vaccination is the cause of petitioner’s alleged shoulder injury, or any other injury or condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:16-vv-01601-UNJ Document 64 Filed 05/01/18 Page 2 of 7 compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards a lump sum of $15,000.00 in the form of a check payable to petitioner. This amount represents all damages that would be available under 42 U.S.C. § 300aa-15(a). I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties jointly or separately filing notice renouncing their right to seek review. 2 Case 1:16-vv-01601-UNJ Document 64 Filed 05/01/18 Page 3 of 7 Case 1:16-vv-01601-UNJ Document 64 Filed 05/01/18 Page 4 of 7 Case 1:16-vv-01601-UNJ Document 64 Filed 05/01/18 Page 5 of 7 Case 1:16-vv-01601-UNJ Document 64 Filed 05/01/18 Page 6 of 7 Case 1:16-vv-01601-UNJ Document 64 Filed 05/01/18 Page 7 of 7