VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01240
Package ID: USCOURTS-cofc-1_17-vv-01240
Petitioner: Nick Koropatny
Filed: 2017-09-12
Decided: 2021-07-15
Vaccine: influenza
Vaccination date: 2016-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Nick Koropatny filed a petition for compensation on September 12, 2017, alleging that the influenza and tetanus-diphtheria-acellular pertussis (Tdap) vaccines he received on or about October 26, 2016, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). He further alleged that he suffered residual effects of this injury for more than six months. The respondent denied that the vaccines caused SIRVA or any other injury. However, the parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision awarded Mr. Koropatny a lump sum payment of $60,000.00, payable by check to the petitioner. This amount represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision directed the clerk to enter judgment according to the decision and stipulation. Leah V. Durant represented the petitioner, and Lara A. Englund represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Nick Koropatny alleged that influenza and Tdap vaccines received on or about October 26, 2016, caused a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation was based on the theory that the vaccines are contained in the Vaccine Injury Table (42 C.F.R. §100.3(a)) and caused SIRVA. The public text does not name specific experts or describe the mechanism of injury beyond the general "Table" theory. The award was a lump sum of $60,000.00. Attorneys for petitioner were Leah V. Durant and for respondent was Lara A. Englund. The decision was issued on July 15, 2021.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01240-0
Date issued/filed: 2021-07-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/29/2021) regarding 82 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Appendix Joint Stipulation) (jmw) Service on parties made.
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Case 1:17-vv-01240-UNJ Document 86 Filed 07/15/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
NICK KOROPATNY, *
* No. 17-1240V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 29, 2021
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * tetanus-diphtheria-acellular pertussis
* (“Tdap”) vaccine; shoulder injury
* related to vaccine administration
* (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner;
Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 29, 2021, the parties filed a joint stipulation concerning the petition
for compensation filed by Nick Koropatny on September 12, 2017. Petitioner
alleged that the flu and tetanus-diphtheria-acellular pertussis (“Tdap”) vaccines he
received on or about October 26, 2016, which are contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer a shoulder injury
related to vaccine administration (“SIRVA”). Petitioner further alleges that he
suffered the residual effects of this injury for more than six months. 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.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:17-vv-01240-UNJ Document 86 Filed 07/15/21 Page 2 of 2
Respondent denies that the vaccines either caused petitioner to suffer from
SIRVA or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $60,000.00 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-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2