VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00095 Package ID: USCOURTS-cofc-1_18-vv-00095 Petitioner: Robert C. Lott Filed: 2018-01-19 Decided: 2019-06-20 Vaccine: influenza Vaccination date: 2015-11-25 Condition: left shoulder injury related to vaccination administration and resultant lesions Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Robert C. Lott filed a petition for compensation under the National Vaccine Injury Program on January 19, 2018, alleging that he suffered a left shoulder injury related to vaccine administration and resultant lesions after receiving an influenza vaccine on November 25, 2015. The respondent, the Secretary of Health and Human Services, denied that the alleged injuries were caused by the flu vaccine. However, the parties reached a stipulation for an award of compensation. The stipulation, dated June 19, 2019, provided that a decision should be entered awarding compensation to the petitioner. The parties agreed to settle the issues between them, and the decision was entered on June 20, 2019, awarding Mr. Lott $10,000 as a lump sum payable to the petitioner. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen adopted the parties' stipulation and ordered that judgment be entered accordingly. Petitioner's counsel was Brian L. Cinelli of Marcus & Cinelli LLP, and respondent's counsel was Mark K. Hellie of the Department of Justice. The decision was made public on July 18, 2019, after the standard 14-day period for redaction requests. Theory of causation field: Petitioner Robert C. Lott alleged a left shoulder injury related to vaccine administration and resultant lesions following an influenza vaccination on November 25, 2015. The respondent denied causation. The parties stipulated to an award, with the respondent agreeing to compensation despite denying causation. The award was $10,000 as a lump sum for all damages. The decision was entered on June 20, 2019, by Special Master Thomas L. Gowen. Petitioner was represented by Brian L. Cinelli, and respondent was represented by Mark K. Hellie. The specific theory of causation was not detailed in the public decision, but the outcome was compensation via stipulation, suggesting the case was resolved under the Vaccine Injury Table or through a negotiated settlement. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00095-0 Date issued/filed: 2019-07-18 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/20/2019) regarding 28 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00095-UNJ Document 32 Filed 07/18/19 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 20, 2019 * * * * * * * * * * * * * ROBERT C. LOTT, * Unpublished * Petitioner, * No. 18-95V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Influenza (“flu”); Shoulder Injury * Related to Vaccine Administration Respondent. * (“SIRVA”); Stipulation for Award * * * * * * * * * * * * Brian L. Cinelli, Marcus & Cinelli LLP, Williamsville, NY, for petitioner. Mark K. Hellie, Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On January 19, 2018, Robert C. Lott (“petitioner”) filed a petition for compensation under the National Vaccine Injury Program.2 Petition at Preamble. Petitioner received an influenza (“flu”) vaccine on November 25, 2015. Id. at 4; Stipulation at ¶ 2 (ECF No. 27). Petitioner alleged that as a result of receiving the flu vaccination, he suffered a left shoulder injury related to vaccination administration and resultant lesions. Petition at Preamble; Stipulation at ¶ 4. On June 19, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that petitioner’s alleged injuries are caused by the flu vaccine. Id. at ¶ 6. Maintaining their 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-00095-UNJ Document 32 Filed 07/18/19 Page 2 of 8 respective positions, the parities nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $10,000 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). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00095-UNJ Document 32 Filed 07/18/19 Page 3 of 8 Case 1:18-vv-00095-UNJ Document 32 Filed 07/18/19 Page 4 of 8 Case 1:18-vv-00095-UNJ Document 32 Filed 07/18/19 Page 5 of 8 Case 1:18-vv-00095-UNJ Document 32 Filed 07/18/19 Page 6 of 8 Case 1:18-vv-00095-UNJ Document 32 Filed 07/18/19 Page 7 of 8 Case 1:18-vv-00095-UNJ Document 32 Filed 07/18/19 Page 8 of 8