VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00337
Package ID: USCOURTS-cofc-1_17-vv-00337
Petitioner: Alan Phillips
Filed: 2018-08-23
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2014-10-05
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 120718

AI-assisted case summary:
Alan Phillips 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 his October 5, 2014 influenza vaccination. He further alleged that he suffered residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner’s alleged SIRVA or any other injury and further denied that his current disabilities are a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on August 22, 2018, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, the court awarded Alan Phillips a lump sum of $120,718.70, representing compensation for all items of damages available under the Vaccine Act. The award was made payable to the petitioner.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00337-0
Date issued/filed: 2018-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/23/2018) regarding 51 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00337-UNJ Document 55 Filed 10/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-337V
Filed: August 23, 2018
UNPUBLISHED
ALAN PHILLIPS,
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.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 13, 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”) as a result of his October 5, 2014 influenza (“flu”) vaccination.
Petition at 1; Stipulation, filed August 22, 2018, at ¶ 4. Petitioner further alleges that he
suffered residual effects of this injury for more than six months and that 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 19-20; Stipulation at ¶¶ 4-5. “Respondent denies that the flu
vaccine caused petitioner’s alleged SIRVA or any other injury and further denies that his
current disabilities are a sequela of a vaccine-related injury ” 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-00337-UNJ Document 55 Filed 10/23/18 Page 2 of 7
Nevertheless, on August 22, 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 $120,718.70 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-00337-UNJ Document 55 Filed 10/23/18 Page 3 of 7

Case 1:17-vv-00337-UNJ Document 55 Filed 10/23/18 Page 4 of 7

Case 1:17-vv-00337-UNJ Document 55 Filed 10/23/18 Page 5 of 7

Case 1:17-vv-00337-UNJ Document 55 Filed 10/23/18 Page 6 of 7

Case 1:17-vv-00337-UNJ Document 55 Filed 10/23/18 Page 7 of 7