VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00364 Package ID: USCOURTS-cofc-1_17-vv-00364 Petitioner: Matthew L. Bonk Filed: 2017-03-17 Decided: 2018-12-19 Vaccine: influenza Vaccination date: 2016-03-10 Condition: Shoulder Injury Related to Vaccine Administration (“SIRVA”) Outcome: compensated Award amount USD: 96620 AI-assisted case summary: Matthew L. Bonk filed a petition for compensation under the National Vaccine Injury Compensation Program on March 17, 2017. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on March 10, 2016. Mr. Bonk stated that he had not received a prior award or settlement, the vaccine was administered in the United States, and he suffered residual effects for more than six months. The respondent denied that the flu vaccine caused petitioner's SIRVA or any other injury. Despite this denial, the parties filed a joint stipulation on November 14, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Matthew L. Bonk was awarded a lump sum of $96,620.78, payable to the petitioner, representing compensation for all items of damages. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. Theory of causation field: Petitioner Matthew L. Bonk alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on March 10, 2016. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific mechanism of injury or present expert testimony. Petitioner was awarded $96,620.78 as a lump sum. The theory of causation was based on the "Table" as indicated by the provided database fields, but the public decision text does not elaborate on this or provide further details on the medical basis for the stipulation. Attorneys involved were Jeffrey S. Pop for the petitioner and Althea Walker Davis for the respondent. The decision date was December 19, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00364-0 Date issued/filed: 2018-12-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/14/2018) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00364-UNJ Document 48 Filed 12/19/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0364V Filed: November 14, 2018 UNPUBLISHED MATTHEW L. BONK, 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. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 17, 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 an influenza vaccine administered on March 10, 2016. Petition at 1; Stipulation, filed November 14, 2018, at ¶¶ 1-4. Petitioner further alleges there has been no prior award or settlement of a civil action related to his alleged vaccine injury, that the vaccine was administered within the United States, and that he suffered the residual effects of his injury for more than six months. Petition at 1, 5; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to suffer SIRVA 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-00364-UNJ Document 48 Filed 12/19/18 Page 2 of 7 Nevertheless, on November 14, 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 $96,620.78 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-00364-UNJ Document 48 Filed 12/19/18 Page 3 of 7 Case 1:17-vv-00364-UNJ Document 48 Filed 12/19/18 Page 4 of 7 Case 1:17-vv-00364-UNJ Document 48 Filed 12/19/18 Page 5 of 7 Case 1:17-vv-00364-UNJ Document 48 Filed 12/19/18 Page 6 of 7 Case 1:17-vv-00364-UNJ Document 48 Filed 12/19/18 Page 7 of 7