VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00021 Package ID: USCOURTS-cofc-1_17-vv-00021 Petitioner: Daniel Monahan Filed: 2017-01-05 Decided: 2019-01-15 Vaccine: influenza Vaccination date: 2015-10-03 Condition: left shoulder injuries Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Daniel Monahan filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2017, alleging that he suffered left shoulder injuries as a result of an influenza vaccine administered on October 3, 2015. He alleged that the vaccine was administered in the United States, he suffered residual effects for more than six months, and there had been no prior award or settlement for his condition. Respondent denied that the flu vaccine caused his alleged shoulder injury or any other injury. Nevertheless, on November 27, 2018, the parties filed a joint stipulation for damages, stating that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Daniel Monahan was awarded a lump sum of $120,000.00 in compensation for all items of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00021-0 Date issued/filed: 2019-01-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/29/2018) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00021-UNJ Document 48 Filed 01/15/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0021V Filed: November 29, 2018 UNPUBLISHED DANIEL MONAHAN, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH AND Related to Vaccine Administration HUMAN SERVICES, (SIRVA) Respondent. John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 5, 2017, 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 left shoulder injuries as a result of an influenza vaccine administered on October 3, 2015. Petition at 1; Stipulation, filed November 27, 2018, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered in the United States, he suffered the residual effects of his alleged injury for more than six months, and 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 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged shoulder injury or any other injury or his current condition. ” Stipulation at ¶ 6. 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required 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). 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 1:17-vv-00021-UNJ Document 48 Filed 01/15/19 Page 2 of 7 Nevertheless, on November 27, 2018, 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 $120,000.00 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 § 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 1:17-vv-00021-UNJ Document 48 Filed 01/15/19 Page 3 of 7 Case 1:17-vv-00021-UNJ Document 48 Filed 01/15/19 Page 4 of 7 Case 1:17-vv-00021-UNJ Document 48 Filed 01/15/19 Page 5 of 7 Case 1:17-vv-00021-UNJ Document 48 Filed 01/15/19 Page 6 of 7 Case 1:17-vv-00021-UNJ Document 48 Filed 01/15/19 Page 7 of 7