VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00844
Package ID: USCOURTS-cofc-1_17-vv-00844
Petitioner: Michael Goodin
Filed: 2017-06-22
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2015-10-21
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Michael Goodin filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2017. He alleged that he suffered right shoulder injuries resulting from an influenza vaccination he received on October 21, 2015, and that the shoulder injury and its sequelae lasted more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's shoulder injury or any other injury or his current condition. Despite this denial, on May 21, 2018, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision awards Michael Goodin a lump sum of $110,000.00, payable by check to the petitioner, as compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). This amount represents compensation for his shoulder injury and sequelae. The case was treated as a Table claim. The stipulation also addresses attorneys' fees and costs, which are to be determined in further proceedings. Petitioner, on behalf of himself and his heirs, executors, administrators, successors, or assigns, released the United States and the Secretary of Health and Human Services from any and all claims related to the influenza vaccination administered on or about October 21, 2015. The stipulation explicitly states that it is not an admission by the United States or the Secretary that the vaccine caused the petitioner's injury. The decision directs the clerk to enter judgment in accordance with the stipulation, unless a motion for review is filed. Petitioner counsel was Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent counsel was Justine Elizabeth Walters of the U.S. Department of Justice.

Theory of causation field:
Petitioner Michael Goodin alleged injury resulting from an influenza vaccine received on October 21, 2015. The alleged injury was a right shoulder injury, classified as SIRVA, which lasted more than six months. The respondent denied causation. The case was treated as a Table claim. The parties reached a joint stipulation for settlement, agreeing to an award of $110,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The stipulation was adopted by Chief Special Master Nora Beth Dorsey on September 5, 2018. Petitioner counsel was Shealene Priscilla Wasserman, and respondent counsel was Justine Elizabeth Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00844-0
Date issued/filed: 2018-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/22/2017) regarding 17 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00844-UNJ Document 20 Filed 09/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-844V
Filed: May 22, 2018
UNPUBLISHED
MICHAEL GOODIN,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 22, 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 right shoulder injuries resulting from the
influenza vaccination he received on October 21, 2015. Petition at 1; Stipulation, filed
May 21, 2018, at ¶ 2-4. Petitioner further alleges his shoulder injury and sequela lasted
more than six months. Petition at 5. “Respondent denies that the influenza
immunization caused petitioner's shoulder injury or any other injury or his current
condition.” Stipulation at ¶ 6.
Nevertheless, on May 21, 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.
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-00844-UNJ Document 20 Filed 09/05/18 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $110,000.00 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-00844-UNJ Document 20 Filed 09/05/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAEL GOODIN, )
)
)
Petitioner,
) No. 17-844V
)
v. Chief Special Master Dorsey
) ECF
)
SECRETARY OF HEALTH AND
HUMAN SERVICES, )
)
)
Respondent.
STIPULATION
The parties hereby stipulate to the fol!owing matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine,
which vaccine is contained in the Vaccine Injury Table (the "Table'�, 42 C.F.R. § 100.3(a).
2. Petitioner received an influenza immunization on October 21, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered a shoulder injury as a result of receiving the
influenza vaccine.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his condition.
6. Respondent denies that the influenza immunization caused petitioner's shoulder injury
or any other injury or his current condition.

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7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l(a)(l), the Secretary of Health and Human Services will issue a
lump sum payment of $110,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C. § 300aa-I5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42U .S.C. § 300aa-21 (a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that they have identified to respondent aJJ
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. §3 00aa-15(g); including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act
(42U .S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordahce with 42 U.S.C. § 300aa-l 5(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees, litigation costs, and past unreimbursable expenses, the money provided
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Case 1:17-vv-00844-UNJ Document 20 Filed 09/05/18 Page 5 of 7
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of
42 U.S.C. §§ 300aa-15(g) ruid (h).
13. In return for the payments described in paragraphs 8 and 9� petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators� successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health ·and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or aJleged to have resulted from, the influenza vaccination administered on or about
October 21, 2015, as alleged by petitioner in a petition for vaccine compensation filed on or
about June 22, 2017, in the United States Court of Federal Claims as petition No. 17-844V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master filils to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of I iability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
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Case 1:17-vv-00844-UNJ Document 20 Filed 09/05/18 Page 6 of 7
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items ofc ompensation sought, is not grounds to modify or revise this agreement.
17. Th is Stipulation shall not be construed as an admission by the United States or the
!
Secretary ofHea!th and Human Services that the influenza vaccine caused petit oner's shoulder
injury or any other injury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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