VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01911 Package ID: USCOURTS-cofc-1_17-vv-01911 Petitioner: Willie J. Blackmon Filed: 2017-12-08 Decided: 2020-03-16 Vaccine: influenza Vaccination date: 2014-12-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Willie J. Blackmon filed a petition for compensation on December 8, 2017, alleging that the influenza vaccine he received on December 11, 2014, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Blackmon sustained a SIRVA Table injury, that the flu vaccine caused his shoulder injury, or any other injury, and that his current condition was a sequelae of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation agreeing to compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Mr. Blackmon was awarded a lump sum payment of $45,000.00 as compensation for all damages. The case was settled via stipulation, and judgment was entered accordingly. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01911-1 Date issued/filed: 2020-05-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/16/2020) regarding 47 DECISION Stipulation. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01911-UNJ Document 51 Filed 05/05/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * WILLIE J. BLACKMON, * * No. 17-1911V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 16, 2020 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * shoulder injury related to vaccine * administration (“SIRVA”) Respondent. * * * * * * * * * * * * * * * * * * * * * * Ramon Rodriguez, III, Sands Anderson PC, Richmond, VA, for Petitioner; Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 16, 2020, the parties filed a joint stipulation concerning the petition for compensation filed by Willie J. Blackmon on December 8, 2017. Petitioner alleged that the influenza (“flu”) vaccine he received on December 11, 2014, which is 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. Respondent denies that petitioner sustained a SIRVA Table injury, that the flu vaccine caused petitioner’s shoulder injury, or any other injury, and that petitioner's current condition is a sequelae of a vaccine-related injury. 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-01911-UNJ Document 51 Filed 05/05/20 Page 2 of 7 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 $45,000.00 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 in case 17-1911V 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 Case 1:17-vv-01911-UNJ Document 51 Filed 05/05/20 Page 3 of 7 Case 1:17-vv-01911-UNJ Document 51 Filed 05/05/20 Page 4 of 7 Case 1:17-vv-01911-UNJ Document 51 Filed 05/05/20 Page 5 of 7 Case 1:17-vv-01911-UNJ Document 51 Filed 05/05/20 Page 6 of 7 Case 1:17-vv-01911-UNJ Document 51 Filed 05/05/20 Page 7 of 7