VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01546
Package ID: USCOURTS-cofc-1_17-vv-01546
Petitioner: Timothy Biery
Filed: 2017-10-17
Decided: 2019-04-10
Vaccine: influenza
Vaccination date: 2016-10-11
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Timothy Biery filed a petition for compensation on October 17, 2017, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his October 11, 2016 influenza vaccination. The petition stated the vaccine was administered in the United States, that the injury had residual effects for more than six months, and that there had been no prior award or settlement for this injury. The respondent denied that the flu immunization caused the alleged SIRVA or any other injuries. On February 12, 2019, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and awarded Timothy Biery a lump sum of $90,000.00 as compensation for all items of damages. The decision was issued on April 10, 2019. Petitioner's counsel was William E. Cochran, Jr. Respondent's counsel was Daniel Anthony Principato.

Theory of causation field:
Petitioner Timothy Biery alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 11, 2016 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts. The award was a lump sum of $90,000.00 for all items of damages. The decision date was April 10, 2019. Petitioner's counsel was William E. Cochran, Jr., and respondent's counsel was Daniel Anthony Principato.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01546-0
Date issued/filed: 2019-04-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/14/2019) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01546-UNJ Document 37 Filed 04/10/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1546V
Filed: February 14, 2019
UNPUBLISHED
TIMOTHY BIERY,
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.
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 17, 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 his October 11, 2016 influenza (“flu”) vaccination.
Petition at 1; Stipulation, filed February 12, 2019, at ¶¶ 2, 4. Petitioner further alleges
that the vaccine was administered within the United States, that he suffered the residual
effects of his injury for more than six months, and that there has been no prior award or
settlement of a civil action on his behalf as a result of his injury. Stipulation at ¶¶ 3-5;
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-01546-UNJ Document 37 Filed 04/10/19 Page 2 of 7
Petition at ¶¶ 2, 18. “Respondent denies that the flu immunization is the cause of
petitioner’s alleged SIRVA, and/or any other injuries.” Stipulation at ¶ 6.
Nevertheless, on February 12, 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 $90,000.00 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

Case 1:17-vv-01546-UNJ Document 37 Filed 04/10/19 Page 3 of 7

Case 1:17-vv-01546-UNJ Document 37 Filed 04/10/19 Page 4 of 7

Case 1:17-vv-01546-UNJ Document 37 Filed 04/10/19 Page 5 of 7

Case 1:17-vv-01546-UNJ Document 37 Filed 04/10/19 Page 6 of 7

Case 1:17-vv-01546-UNJ Document 37 Filed 04/10/19 Page 7 of 7