VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00140 Package ID: USCOURTS-cofc-1_17-vv-00140 Petitioner: Irving Kodimer Filed: 2017-01-30 Decided: 2019-05-03 Vaccine: influenza Vaccination date: 2015-10-19 Condition: bilateral shoulder injuries Outcome: compensated Award amount USD: 26256 AI-assisted case summary: Irving Kodimer filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2017. He alleged that he sustained bilateral shoulder injuries as a result of receiving influenza and pneumococcal conjugate vaccinations on October 19, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused the alleged injuries. The parties, represented by counsel Amy A. Senerth of Muller Brazil, LLP for the petitioner and Lara A. Englund of the United States Department of Justice for the respondent, reached a stipulation to settle the matter. The stipulation, filed on April 5, 2019, provided for an award of compensation to the petitioner. The respondent maintained its denial of causation but agreed to the settlement terms. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable. The decision, dated May 3, 2019, adopted the stipulation and ordered judgment entered in accordance with its terms. The stipulation awarded Mr. Kodimer a lump sum of $26,256.00, payable by check to the petitioner, representing all damages available under the National Vaccine Injury Compensation Program. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony. The specific mechanism of injury is also not detailed in the public decision. Theory of causation field: Petitioner Irving Kodimer alleged bilateral shoulder injuries following influenza and pneumococcal conjugate vaccinations on October 19, 2015. The respondent denied causation. The parties reached a stipulation for award, with the respondent maintaining its denial of causation. The stipulation awarded petitioner a lump sum of $26,256.00. Special Master Thomas L. Gowen adopted the stipulation on May 3, 2019. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00140-0 Date issued/filed: 2019-05-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/8/19) regarding 55 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00140-UNJ Document 59 Filed 05/03/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 8, 2019 * * * * * * * * * * * * * IRVING KODIMER, * UNPUBLISHED * Petitioner, * No. 17-140V * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza; Pneumococcal AND HUMAN SERVICES, * Conjugate; Stipulation * for Award. Respondent. * * * * * * * * * * * * * * Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Lara A. Englund, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On January 30, 2017, Irving Kodimer (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner received influenza (“flu”) and pneumococcal conjugate vaccinations on October 19, 2015. Id. at Preamble; Stipulation filed April 5, 2019 (ECF No. 54) at ¶ 2. Petitioner alleged that as a result of receiving those vaccinations, he sustained bilateral shoulder injuries. Petition at ¶ 5; Stipulation at ¶ 4. On April 5, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation. Respondent denies that petitioner’s alleged bilateral shoulder injuries and/or any other injury was caused by the flu and/or 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion 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 opinion will be posted on the court’s website without any changes. 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 1:17-vv-00140-UNJ Document 59 Filed 05/03/19 Page 2 of 7 pneumococcal conjugate vaccinations. 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 compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards a lump sum of $26,256.00 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). Case 1:17-vv-00140-UNJ Document 59 Filed 05/03/19 Page 3 of 7 Case 1:17-vv-00140-UNJ Document 59 Filed 05/03/19 Page 4 of 7 Case 1:17-vv-00140-UNJ Document 59 Filed 05/03/19 Page 5 of 7 Case 1:17-vv-00140-UNJ Document 59 Filed 05/03/19 Page 6 of 7 Case 1:17-vv-00140-UNJ Document 59 Filed 05/03/19 Page 7 of 7