VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00453 Package ID: USCOURTS-cofc-1_17-vv-00453 Petitioner: Billy Watson Filed: 2017-03-29 Decided: 2018-09-19 Vaccine: influenza Vaccination date: 2015-10-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Billy Watson filed a petition for compensation under the National Vaccine Injury Compensation Program on March 29, 2017, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by his October 5, 2015 influenza vaccination. He further alleged that he experienced residual effects of this injury for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of his condition. The respondent denied that the flu immunization caused petitioner's alleged SIRVA or any other injury. Nevertheless, on June 8, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Billy Watson was awarded a lump sum of $90,000.00, payable to the petitioner, as compensation for all items of damages. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. Theory of causation field: Petitioner Billy Watson alleged a shoulder injury related to vaccine administration (SIRVA) following an October 5, 2015 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on June 8, 2018, agreeing to an award. The public decision does not detail the specific theory of causation, medical experts, or clinical findings. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $90,000.00 as a lump sum. The case falls under the "Table" category for theory of causation, indicating it is presumed to be vaccine-related under the program's guidelines, though specific details of the mechanism or expert testimony are not described in the provided text. Petitioner was represented by Jeffrey S. Pop, and respondent by Ryan Daniel Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00453-0 Date issued/filed: 2018-09-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/08/2018) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00453-UNJ Document 40 Filed 09/19/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-453V Filed: June 8, 2018 UNPUBLISHED BILLY WATSON, 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. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 29, 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”) caused by his October 5, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed June 8, 2018, at ¶ 4. Petitioner further alleges that he experienced 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 as a result of his condition. Petition at 4; Stipulation at ¶¶ 4-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged SIRVA and/or any other injury. ” Stipulation at ¶ 6. Nevertheless, on June 8, 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-00453-UNJ Document 40 Filed 09/19/18 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 $90,000.00 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-00453-UNJ Document 40 Filed 09/19/18 Page 3 of 7 Case 1:17-vv-00453-UNJ Document 40 Filed 09/19/18 Page 4 of 7 Case 1:17-vv-00453-UNJ Document 40 Filed 09/19/18 Page 5 of 7 Case 1:17-vv-00453-UNJ Document 40 Filed 09/19/18 Page 6 of 7 Case 1:17-vv-00453-UNJ Document 40 Filed 09/19/18 Page 7 of 7