VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00286 Package ID: USCOURTS-cofc-1_17-vv-00286 Petitioner: Kris Aley Filed: 2017-02-28 Decided: 2018-10-23 Vaccine: influenza Vaccination date: 2015-09-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Kris Aley filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging a shoulder injury related to vaccine administration (SIRVA) in his left arm from a flu vaccination received on September 25, 2015. The respondent, the Secretary of Health and Human Services, denied that the alleged SIRVA was caused-in-fact by the vaccination. However, on August 13, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it. Pursuant to the stipulation, Kris Aley was awarded a lump sum of $45,000.00 as compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment accordingly. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Debra A. Filteau Begley. Theory of causation field: Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) in his left arm from a flu vaccination received on September 25, 2015. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The Special Master adopted the stipulation, awarding $45,000.00. The decision was issued by Chief Special Master Nora Beth Dorsey on October 23, 2018, based on a stipulation filed August 13, 2018. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Debra A. Filteau Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00286-0 Date issued/filed: 2018-10-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/14/2018) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00286-UNJ Document 47 Filed 10/23/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0286V Filed: August 14, 2018 UNPUBLISHED KRIS ALEY, 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. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On February 28, 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 a shoulder injury related to vaccine administration (“SIRVA”) in his left arm due to a flu vaccination received on September 25, 2015. Petition at 1; Stipulation, filed August 13, 2018, at ¶¶ 1-4. Petitioner further alleges that the vaccine was administered in the United States, that his injury lasted more than six months, and that he has not received compensation or filed a civil action for his vaccine related injuries. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged SIRVA, or any other injury, was caused-in-fact by his flu vaccination ” Stipulation at ¶ 6. Nevertheless, on August 13, 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 1:17-vv-00286-UNJ Document 47 Filed 10/23/18 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 $45,000.00 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 1:17-vv-00286-UNJ Document 47 Filed 10/23/18 Page 3 of 7 Case 1:17-vv-00286-UNJ Document 47 Filed 10/23/18 Page 4 of 7 Case 1:17-vv-00286-UNJ Document 47 Filed 10/23/18 Page 5 of 7 Case 1:17-vv-00286-UNJ Document 47 Filed 10/23/18 Page 6 of 7 Case 1:17-vv-00286-UNJ Document 47 Filed 10/23/18 Page 7 of 7