VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00336 Package ID: USCOURTS-cofc-1_18-vv-00336 Petitioner: John Morgan Filed: 2019-12-18 Decided: 2020-01-21 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2017-03-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: John Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program on December 18, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine (Prevnar 13) on March 13, 2017. He further alleged that the residual effects of this injury lasted for more than six months. The respondent denied that the petitioner sustained a SIRVA table injury, denied that the pneumococcal conjugate vaccine caused the alleged SIRVA injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 17, 2019, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. John Morgan was awarded a lump sum of $85,000.00 as compensation for all items of damages, payable to the Petitioner. Theory of causation field: Petitioner John Morgan alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine (Prevnar 13) on March 13, 2017, with residual effects lasting over six months. Respondent denied a SIRVA table injury, causation by the vaccine, or that the current condition was a sequela of a vaccine injury. The parties filed a joint stipulation for compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence supporting the petitioner's claim or the respondent's denial. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $85,000.00 in a lump sum. Attorneys for the petitioner were Andrew Donald Downing and for the respondent were Ronalda Elnetta Kosh. The decision date was January 21, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00336-0 Date issued/filed: 2020-01-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/18/2019) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00336-UNJ Document 46 Filed 01/21/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0336V UNPUBLISHED JOHN MORGAN, Chief Special Master Corcoran Petitioner, Filed: December 18, 2019 v. SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Pneumococcal Conjugate Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 6, 2018, John Morgan 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 a pneumococcal conjugate vaccine, Prevnar 13, that was administered to him on March 13, 2017. Petition at 1; Stipulation, filed December 17, 2019, at ¶¶ 2, 4. Petitioner further alleges that he suffered the residual effects of his alleged injury for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA table injury; denies that the pneumococcal conjugate vaccine caused petitioner’s alleged SIRVA injury, shoulder injury, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am 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). This means the ruling 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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 1:18-vv-00336-UNJ Document 46 Filed 01/21/20 Page 2 of 7 Nevertheless, on December 17, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $85,000.00, 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. I approve 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/Brian H. Corcoran Brian H. Corcoran 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 1:18-vv-00336-UNJ Document 46 Filed 01/21/20 Page 3 of 7 Case 1:18-vv-00336-UNJ Document 46 Filed 01/21/20 Page 4 of 7 Case 1:18-vv-00336-UNJ Document 46 Filed 01/21/20 Page 5 of 7 Case 1:18-vv-00336-UNJ Document 46 Filed 01/21/20 Page 6 of 7 Case 1:18-vv-00336-UNJ Document 46 Filed 01/21/20 Page 7 of 7