VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00472 Package ID: USCOURTS-cofc-1_17-vv-00472 Petitioner: John Solak Filed: 2017-04-03 Decided: 2018-12-06 Vaccine: influenza Vaccination date: 2015-10-31 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: John Solak filed a petition for compensation under the National Vaccine Injury Compensation Program on April 3, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2015. Mr. Solak stated that the vaccine was administered in the United States and that he experienced residual effects from the injury for more than six months. He also affirmed that he had not filed a lawsuit or received other compensation for his vaccine-related injuries. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Solak's shoulder injury or any other injury. Despite the respondent's denial, both parties filed a joint stipulation on October 5, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision. Mr. Solak was awarded a lump sum of $30,000.00, payable by check to the petitioner. This amount was intended to compensate for all damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses involved in this case. Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Robert Paul Coleman, III of the U.S. Department of Justice. Theory of causation field: Petitioner John Solak alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 31, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in a $30,000.00 lump sum award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, not through litigation of entitlement. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00472-0 Date issued/filed: 2018-12-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/05/2018) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00472-UNJ Document 51 Filed 12/06/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0472V Filed: October 5, 2018 UNPUBLISHED JOHN SOLAK, 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. Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 3, 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 as a result of an influenza vaccine administered on October 31, 2015. Petition at 1-2; Stipulation, filed October 5, 2018, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, that he suffered the residual effects of his injuries for more than six months, and that he has not brought an action for, or received compensation for, his vaccine-related injuries. Petition at 1-3; Stipulation at ¶¶ 3-5. “Respondent denies that the influenza vaccine caused petitioner to suffer from a shoulder injury or any other 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-00472-UNJ Document 51 Filed 12/06/18 Page 2 of 7 Nevertheless, on October 5, 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 $30,000.00 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-00472-UNJ Document 51 Filed 12/06/18 Page 3 of 7 Case 1:17-vv-00472-UNJ Document 51 Filed 12/06/18 Page 4 of 7 Case 1:17-vv-00472-UNJ Document 51 Filed 12/06/18 Page 5 of 7 Case 1:17-vv-00472-UNJ Document 51 Filed 12/06/18 Page 6 of 7 Case 1:17-vv-00472-UNJ Document 51 Filed 12/06/18 Page 7 of 7