VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01045 Package ID: USCOURTS-cofc-1_17-vv-01045 Petitioner: Joseph Diaz Filed: 2017-08-03 Decided: 2019-02-06 Vaccine: influenza Vaccination date: 2016-11-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 95000 AI-assisted case summary: On August 3, 2017, Joseph Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Diaz alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by his influenza vaccination on November 3, 2016. He further claimed that he experienced residual effects of this condition for more than six months and that there had been no prior award or settlement for damages resulting from his condition. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused the alleged SIRVA or any other injuries. Despite the respondent's denial, the parties filed a joint stipulation for compensation on December 19, 2018. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr. Diaz was awarded a lump sum of $95,000.00, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the program. The decision was entered on February 6, 2019. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Theory of causation field: Joseph Diaz filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 3, 2016. The respondent denied causation. The parties subsequently filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $95,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The award was based on the joint stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01045-0 Date issued/filed: 2019-02-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/19/2018) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01045-UNJ Document 41 Filed 02/06/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1045V Filed: December 19, 2018 UNPUBLISHED JOSEPH DIAZ, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH AND Related to Vaccine Administration HUMAN SERVICES, (SIRVA) Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 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 related to vaccine administration (“SIRVA”) caused by his November 3, 2016 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed December 19, 2018, at ¶¶ 4. Petitioner further alleges that he experienced residual effects of this condition 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 3; Stipulation at ¶¶ 5-6. “Respondent denies that the flu 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is 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). 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-01045-UNJ Document 41 Filed 02/06/19 Page 2 of 7 immunization is the cause of petitioner’s alleged SIRVA, and/or any other injuries. ” Stipulation at ¶ 6. Nevertheless, on December 19, 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 $95,000.00 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. Case 1:17-vv-01045-UNJ Document 41 Filed 02/06/19 Page 3 of 7 Case 1:17-vv-01045-UNJ Document 41 Filed 02/06/19 Page 4 of 7 Case 1:17-vv-01045-UNJ Document 41 Filed 02/06/19 Page 5 of 7 Case 1:17-vv-01045-UNJ Document 41 Filed 02/06/19 Page 6 of 7 Case 1:17-vv-01045-UNJ Document 41 Filed 02/06/19 Page 7 of 7