VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00920
Package ID: USCOURTS-cofc-1_17-vv-00920
Petitioner: Jose Solis Marin
Filed: 2020-09-09
Decided: 2020-10-13
Vaccine: influenza
Vaccination date: 2016-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 127099

AI-assisted case summary:
Jose Solis Marin filed a petition for compensation under the National Vaccine Injury Compensation Program on September 9, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on October 10, 2016. He stated that he received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for damages. Respondent denied that Mr. Solis Marin sustained a SIRVA Table injury, denied that the vaccine caused his shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 9, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mr. Solis Marin was awarded a total of $127,099.37 in compensation, comprised of $111,413.46 for past lost earnings and pain and suffering, and $15,686.91 for a bill for services provided by Beebe Healthcare. This award covers all items of damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00920-0
Date issued/filed: 2020-10-13
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/09/2020) regarding 72 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-00920-UNJ Document 76 Filed 10/13/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0920V
UNPUBLISHED
JOSE SOLIS MARIN, Chief Special Master Corcoran
Petitioner, Filed: September 9, 2020
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 7, 2017, Jose Solis Marin 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”) as a result of an influenza (“flu”) vaccine administered on
October 10, 2016. Petition at 1-2; Stipulation, filed on September 9, 2020, at ¶¶ 2, 4.
Petitioner further alleges that he received the vaccine in the United States, that he
experienced the residual effects of his injury for more than six months, and that there has
been no prior award or settlement of civil action for damages as a result of his alleged
condition. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged
shoulder injuries, or any other injury; and denies that his current condition is a sequelae
of a vaccine-related injury ” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required 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). This means the decision will be available to anyone with access to the
internet. 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, I agree that the identified material fits within this definition, I 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-00920-UNJ Document 76 Filed 10/13/20 Page 2 of 8
Nevertheless, on September 9, 2020, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
• A lump sum of $111,413.46 (comprised of $110,000.00 for past lost
earnings and pain and suffering and $1,413.46 for unreimbursable
expenses) in the form of a check payable to Petitioner; and
• A lump sum of $15,686.91 (representing payment of a bill for services
provided to Petitioner by Beebe Healthcare) in the form of a check
payable jointly to Petitioner and
Nationwide Credit Corporation
5503 Cherokee Avenue
Alexandria, VA 22312
Attn: Client Services
Stipulation at ¶ 8. These amounts represent compensation for all items of damages that
would be available under Section 15(a). Id.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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

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