VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01495
Package ID: USCOURTS-cofc-1_17-vv-01495
Petitioner: Kevin R. Danchik
Filed: 2017-10-11
Decided: 2019-02-27
Vaccine: influenza
Vaccination date: 2015-10-16
Condition: Shoulder Injury Related to Vaccine Administration (“SIRVA”)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Kevin R. Danchik filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2017. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 16, 2015. Mr. Danchik further alleged that there had been no prior award or settlement of a civil action related to his alleged vaccine injury, that the vaccine was administered within the United States, and that he suffered the residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to suffer a SIRVA or any other injury or condition. Despite the respondent's denial, the parties filed a joint stipulation on January 23, 2019, agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Kevin R. Danchik was awarded a lump sum of $80,000.00, to be paid in the form of a check payable to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on February 27, 2019. Petitioner was represented by Jeffrey A. Golvash of Brennan, Robins & Daley, P.C., and respondent was represented by Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kevin R. Danchik alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 16, 2015. The respondent denied causation. The parties filed a joint stipulation on January 23, 2019, agreeing to an award. The Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $80,000.00 as a lump sum payable to the petitioner. The public decision does not describe the specific medical mechanism, expert testimony, or detailed factual basis for the alleged SIRVA, nor does it specify the theory under the Vaccine Act relied upon for the award, other than the general allegation of SIRVA. The award represents compensation for all items of damages available under the Vaccine Act. The decision date was February 27, 2019. Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01495-0
Date issued/filed: 2019-02-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/24/2019) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01495-UNJ Document 38 Filed 02/27/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1495V
Filed: January 24, 2019
UNPUBLISHED
KEVIN R. DANCHIK,
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.
Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 11, 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”) as a result of an influenza vaccine administered on October
16, 2015. Petition at 1; Stipulation, filed January 23, 2019, at ¶¶ 1-2,4. Petitioner
further alleges there has been no prior award or settlement of a civil action related to his
alleged vaccine injury, that the vaccine was administered within the United States, and
that he suffered the residual effects of his injury for more than six months. Petition at 6;
Stipulation at ¶¶ 3,5. “Respondent denies that the flu vaccine caused petitioner to suffer
a SIRVA or any other injury or condition.” Stipulation at ¶ 6.
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-01495-UNJ Document 38 Filed 02/27/19 Page 2 of 7
Nevertheless, on January 23, 2019, 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 $80,000.00 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

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