VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00425 Package ID: USCOURTS-cofc-1_17-vv-00425 Petitioner: Brahm Arya Filed: 2017-03-24 Decided: 2021-07-19 Vaccine: influenza Vaccination date: 2015-10-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 11000 AI-assisted case summary: On March 24, 2017, Brahm Arya filed a petition alleging that the Influenza ("flu") vaccine he received on October 28, 2015, caused him to suffer a shoulder injury related to vaccine administration (SIRVA), which lasted for more than six months. The respondent denied that Petitioner suffered a SIRVA Table injury or that the flu vaccine caused his injury. Nevertheless, the parties filed a stipulation for an award of compensation. Special Master Herbrina Sanders adopted the stipulation, awarding Brahm Arya a lump sum of $11,000.00 as compensation for all damages. The decision was entered on July 19, 2021, following the parties' joint filing renouncing the right to seek review. Petitioner was represented by Joseph A. Vuckovich of Maglio Christopher & Toale, P.A., and Respondent was represented by Christine M. Becer of the United States Department of Justice. Theory of causation field: Petitioner alleged that the Influenza vaccine administered on October 28, 2015, caused a shoulder injury related to vaccine administration (SIRVA) lasting more than six months. Respondent denied a SIRVA Table injury or causation by the flu vaccine. The parties filed a stipulation for award, agreeing to a lump sum of $11,000.00 for all damages. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. Special Master Herbrina Sanders adopted the stipulation, and judgment was entered on July 19, 2021. Petitioner counsel was Joseph A. Vuckovich, and Respondent counsel was Christine M. Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00425-0 Date issued/filed: 2021-07-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/30/2021) regarding 72 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00425-UNJ Document 76 Filed 07/19/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 30, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * BRAHM ARYA, * No. 17-425V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to Vaccine * Administration (“SIRVA”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Joseph A. Vuckovich, Maglio Christopher & Toale, P.A., Washington, DC, for Petitioner. Christine M. Becer, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On March 24, 2017, Brahm Arya (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the Influenza (“flu”) vaccine he received on October 28, 2015, caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”). See Pet. ¶¶ 1, 5, ECF No. 1. Petitioner further alleged that his injury lasted for more than six months. Id. ¶ 7. On June 30, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 71. The parties state that “Respondent denies that [P]etitioner suffered a SIRVA Table injury, and denies that the flu vaccine caused [P]etitioner to suffer from a left shoulder injury or any other injury or his current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: 1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to request 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:17-vv-00425-UNJ Document 76 Filed 07/19/21 Page 2 of 7 A lump sum of $11,000.00, in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. ¶ 8. I approve the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:17-vv-00425-UNJ Document 76 Filed 07/19/21 Page 3 of 7 Case 1:17-vv-00425-UNJ Document 76 Filed 07/19/21 Page 4 of 7 Case 1:17-vv-00425-UNJ Document 76 Filed 07/19/21 Page 5 of 7 Case 1:17-vv-00425-UNJ Document 76 Filed 07/19/21 Page 6 of 7 Case 1:17-vv-00425-UNJ Document 76 Filed 07/19/21 Page 7 of 7