VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00756 Package ID: USCOURTS-cofc-1_17-vv-00756 Petitioner: Joseph Baldwin Filed: 2018-07-23 Decided: 2018-10-17 Vaccine: influenza Vaccination date: 2015-11-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 54000 AI-assisted case summary: Joseph Baldwin filed a petition for compensation under the National Vaccine Injury Compensation Program on June 8, 2017, alleging a shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccination received on November 9, 2015. He further alleged that he has suffered residual effects for more than six months and that no action has been brought or compensation received for his alleged vaccine-caused injury. The respondent denied that the flu immunization caused petitioner's alleged SIRVA or any other injury. On July 23, 2018, the parties filed a joint stipulation for damages, 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, Joseph Baldwin was awarded a lump sum of $54,000.00, payable by check to the petitioner, as compensation for all items of damages. Petitioner's counsel was Ann Mayhew Golski of Maglio Christopher & Toale, PA, and respondent's counsel was Ryan Daniel Pyles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The specific mechanism of injury is not detailed in the public decision. Theory of causation field: Petitioner Joseph Baldwin alleged a shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccination received on November 9, 2015. Respondent denied causation. The parties filed a joint stipulation for damages, leading to an award. The public decision does not detail the specific theory of causation, mechanism of injury, expert testimony, or specific medical evidence presented. The award was based on a stipulation between the parties. Joseph Baldwin was awarded $54,000.00. Chief Special Master Nora Beth Dorsey issued the decision on October 17, 2018. Petitioner's counsel was Ann Mayhew Golski, and respondent's counsel was Ryan Daniel Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00756-0 Date issued/filed: 2018-10-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/23/2018) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00756-UNJ Document 38 Filed 10/17/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-756V Filed: July 23, 2018 UNPUBLISHED JOSEPH BALDWIN, Special Processing Unit (SPU); Joint Petitioner, Stipulation on Damages; Influenza v. (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration SECRETARY OF HEALTH AND (SIRVA) HUMAN SERVICES, Respondent. Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On June 8, 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”) causally related to an adverse reaction to the influenza vaccination he received on November 9, 2015. Petition at ¶¶ 1-2, 5-6; Stipulation, filed July 23, 2018, at ¶¶ 1-2, 4. Petitioner further alleges that he has suffered the residual effects of his injury for more than six months and that neither he nor any other party has brought an action or received compensation for his injury alleged as vaccine caused. Petition at ¶¶ 7, 10-11; 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. 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-00756-UNJ Document 38 Filed 10/17/18 Page 2 of 7 Nevertheless, on July 23, 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 $54,000.00 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 § 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-00756-UNJ Document 38 Filed 10/17/18 Page 3 of 7 Case 1:17-vv-00756-UNJ Document 38 Filed 10/17/18 Page 4 of 7 Case 1:17-vv-00756-UNJ Document 38 Filed 10/17/18 Page 5 of 7 Case 1:17-vv-00756-UNJ Document 38 Filed 10/17/18 Page 6 of 7 Case 1:17-vv-00756-UNJ Document 38 Filed 10/17/18 Page 7 of 7