VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00151 Package ID: USCOURTS-cofc-1_17-vv-00151 Petitioner: Laurence Lewis Filed: 2018-08-10 Decided: 2018-10-23 Vaccine: influenza Vaccination date: 2014-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 113980 AI-assisted case summary: Laurence Lewis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 15, 2014. He stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition. Respondent denied that the flu immunization caused his alleged shoulder injury or any other injury. Nevertheless, on August 7, 2018, the parties filed a joint stipulation agreeing 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. Laurence Lewis was awarded a lump sum of $113,980.70, representing compensation for all items of damages available under the Vaccine Act. The clerk of the court was directed to enter judgment in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00151-0 Date issued/filed: 2018-10-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/10/2018) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00151-UNJ Document 43 Filed 10/23/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-151V Filed: August 10, 2018 UNPUBLISHED LAURENCE LEWIS, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On 1/37/17, 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”) as a result of an influenza (“flu”) vaccination received on October 15, 2014. Petition at 1; Stipulation, filed August 7, 2018, at ¶ 1. Petitioner further alleges the vaccine was administered within the United States, that he experienced the residual effects of his condition for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of his condition. Petition at 11-12; Stipulation at ¶¶ 3-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged shoulder injury, or any other injury or 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 1:17-vv-00151-UNJ Document 43 Filed 10/23/18 Page 2 of 7 Nevertheless, on August 7, 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 $113,980.70 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 1:17-vv-00151-UNJ Document 43 Filed 10/23/18 Page 3 of 7 Case 1:17-vv-00151-UNJ Document 43 Filed 10/23/18 Page 4 of 7 Case 1:17-vv-00151-UNJ Document 43 Filed 10/23/18 Page 5 of 7 Case 1:17-vv-00151-UNJ Document 43 Filed 10/23/18 Page 6 of 7 Case 1:17-vv-00151-UNJ Document 43 Filed 10/23/18 Page 7 of 7