VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00358
Package ID: USCOURTS-cofc-1_18-vv-00358
Petitioner: Youhong Lu
Filed: 2019-08-23
Decided: 2020-03-04
Vaccine: influenza
Vaccination date: 2016-11-02
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 58726

AI-assisted case summary:
Youhong Lu filed a petition for vaccine compensation alleging that he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his influenza vaccination on November 2, 2016. The petition stated that the vaccine was administered in the United States, that the injury's residual effects lasted more than six months, and that there had been no prior award or settlement for this injury. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused the alleged SIRVA or any other injury, and denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Youhong Lu was awarded a lump sum of $58,726.04, representing compensation for all items of damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for the award of attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00358-0
Date issued/filed: 2020-03-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/23/2019) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-00358-UNJ Document 36 Filed 03/04/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-358V
Filed: August 23, 2019
UNPUBLISHED
YOUHONG LU,
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.
Michael Arvin Firestone, Marvin Firestone, MD, JD, and Associates, San Mateo, CA, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 7, 2018, 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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of his November 2, 2016 influneza (“flu”)
vaccination. Petition at 1; Stipulation, filed August 21, 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.
See Petition at ¶¶ 26-27; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner
sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged
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 1:18-vv-00358-UNJ Document 36 Filed 03/04/20 Page 2 of 7
SIRVA, or any other injury; and further denies that petitioner’s current disabilities are
sequelae of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on August 21, 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 $58,726.04 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 1:18-vv-00358-UNJ Document 36 Filed 03/04/20 Page 3 of 7
.lNTHE l/NITED STATES· COURT OF FEDERAL CLAIMS
OFFICE OF SPEC[AL.MASTERS
''VOUHO.NO LU;
Petiti'oner,.
v• . No; l.8~358V
Chief Special Master Dorsey
'SECRETARY OF HEAL TH .AND ECF-SPU
HU.MAN SERVICES,
Resppndent.
ST1PULATlON
The parties hereby stipulate to the following matters:
I. Yoohong Lu ("petitionet") filed a· pethion for: va-ccine_c ompensa~ion ·u nder the
N:a:tional Vaccine lnjt.1ry Compensation Prog(~. 42 U.S.C. § J00aa~lO tQ 34 (the "Vaccine
Program"). The petition seeks compensation for injurres allegedly related to _petitioner's receipt
ofthe influe·nt.a (''t.la") vaccine; which vaccine· is contained in-the Vaccine Injury Table-{the.
"Table"), 42 C._F. R. § 100.3(~):
nu
2.' Petitioner received a vaccine in his left delt.oi.d on Novernber-.2,-2016,
3. The vaccine was adm_inistered w{tbin,the Uqited States.
4. ·eetitioner allege~_that he suffered a shoulder injury related to vaccine administration·
{"SIRVA") a Table injury, ·which was daus·ed b)' the flu vaccination. Petition.er further alleges_
1
that-he suffered th<:; x:esidual effects,of these -injuries for more ·than six months.
5', P~titioner represents·thanhere has be-en no prior award or settlement of a ci:vil action
for.-damages on his behalf as a result of his condition .
.l

Case 1:18-vv-00358-UNJ Document 36 Filed 03/04/20 Page 4 of 7
6. Respond~nt den res that petitioner, sustained a -SIRVA Table injury;· denies that the flu
vaccine caused petitionel''·s-alleged SIRVA, or any ..o ther injury; and further denies that
petitiqner 's curr~nt disabilities·a re sequefae;of a .vaccine-rel~ted injµry.
1:
Maintaining.their above-stated·t::iositions, the parties nevertheless now·agr.ee that the
issues between them-shall be settled and that a decision should be entered awarding the
compensation·d~scribed in par~graph if of thi:; Stipulati_on.
8. As soon a~.practicable after an e;:ritry ofj udgment reflecting a decision-~onsistenrwith
the· tenns of this Stil)ulation, and·a fter petiti'oher has filed an election to. receiv~ ·compensation
pursuant to 42 ·u.s.c ..§ 3"00aa-2 l (a)(l), the Secretary. ·of Health and Human Ser-vices will issue
t_he.follo,wing_vaccjne.compcnsation payment:
A lump sum of$58. 726.04 in the fo.rm ;of.a-·check payable to p~titioner. This amount
represents.c ompensa.tior,t for all da·mages that-would be available under 42 U. S.C.
§ 300a_a• I 5(a),
9. As .soon a(practicable -after the entry of judgment on: entitlement in this case,.:and after
petitioner has filed both a proper and -timely election to rect;ive cot'!'lpensation pursuant to 42
U.S_.C. § 300aa-21 (a)O )~ ·and an applicati_on, the parties will submit to fu~her·p roceedings before
the special master-to award reasonable attorneys' fees and costs incurred in ~roceedi.ng·upon. thfs
petition.
l 0. Petitioner and his attorney represent that-they have identified to respondent all
known sources··ofpaymerit for items or-services for which-the,Program is not primarily liable
under.42 U.S. .C . § 300aa-1·5(g), including State compensation programs, insuranc~ policies,
Federal orState health benefits programs (other.than Tille XIX of the Socia·! Security Act.(42
U.S.C.§_1 396 et-seq.)). or entities that_p rovide health ser.vices .on a prepaid basis.
2.

Case 1:18-vv-00358-UNJ Document 36 Filed 03/04/20 Page 5 of 7
11. Paymenrmade pursuant t9 paragraph 8, and any ampu_nts awarded pursuant to
par~grapb ·9-of this Stipul~tLon, will be made in accordance with' 42 U.S;C. § 3.00aa-1 S(i), subject
tb the availab!lity·of sufficient'Statutory funds.
12. The _parties and their attorn~ys further agree and stipulat~ that, e"cept for any award
for attorneys' fees a,nd li~igation costs, and 'past unreimbursed experis_es, th~ mon~y prov'ide~
pu'rsliant to this Stipulation will be used· soJely for the benefit of petitioner as contemplated by. a
-strict construction of 42 U. S.C.
§ 300aa-l5(a):and (d), and ~ubject to-the conditi_ons of 42 U.S.C. §,300aa-l.$(g) and (h).
13. In return.for the:payments,_described in paragraphs 8 .and 9, petitfoner, in his
.in9ividua,I capacity, and on behalf of his heirs, execut6rs,.administrators, successors, and assigns,
does fo.rever .irrev.occtbly and unconditionally. release, acquit-and-discharge the United States and
·,
the Secretary-of Health and Human s'erv'ices •from any and all actions ·or caus~s of action.
{in~h4ding agreements, judgments, claims, damages; Joss of services, expenses and all .demands
of whatever kind. or nature) that have been brought could have .been·b ro'ught 0r could ·be timely
1 1
.brought in the United States Court of-Federal Claims, under the National Vaccine Injury
Cornpensatiqn Program, 42 U. .S .<:;; § .300aa-i-o et seq., on aGcount -c,f, or in any way growi~g out
9f, any·a nd all.known or .unknown, suspected or unsuspected·p ersonal injuries to or death ·of
petitioner resulting from, or alleged to bave (e$uited from, the flu vaccine administere~ on
Novemb~r 2, 2016, as alleged by petitioner in a.petition for vaccine compens-ation filed on
March· 7, 2'01.8, in·the United States Court of Federal. Claims as.petition No. l8-358V.
1-.4. ·lfpetitioner shouki die prior to ~ntry ofj Qdgment, this agr_e~menf.shallJ:ie voidable
upon proper notfoe to the·Cour.t mi behalf of either or ooth oftbe parties.
3

Case 1:18-vv-00358-UNJ Document 36 Filed 03/04/20 Page 6 of 7
i·S, •. If the special m,aster fails to issue a decision in complete conformity with the terms
of this Stipula't1on or if the United States Court of Feder.al Claims faiis to enter.judgment in
confor.mity.·with a decision that is in comp]et~ conformity with the terms ofthis Stipulation, then
oe
the pa11ies' settlement and this Stipulation shall voidable-at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of lial;>iUty and
damages cl~imed under the Na~ional Childhood Vaccine .Injury Act of' 1986, as amen,;led, except
as otherwise.noted in paragr~ph 9 ~bo',(e. There is absolutely no agreement on the part of the
parties:hereto to make an_y payment or do any-act or thing other than-is her.ein -~xpressly stated
and clearly agre.ed to. The parti~s further-agree and understand that the.award described in this
Stipulation may reflect a:cornpromise of the parties' ·respective positions as to liability and/or
amount.of damages, .and further, that a change in the nature of toe:injury .or condition-or in the
items of co111pensation sought, is not grounds to .modify or revise.t his agreement.
p. This Stipulation shall not.be construed as an admission by the. United States or the
Se.cret-ary of Health and Human S.ervic~s that the flu vaccine caused petitionei'~ SIR VA,_o r al'!y
·other-injury, or.that his current disabilities ar.e ~equelae of his alleged vaccine-related· injury.
I
Is·. . All rights and obligations· of petitioner hereunder sha.11 apply equally to petitfoner's
heirs. e~ecutors, administratc;,rs, successors, ~nd/or assign_s.
I
END OF S-TIPULA: TION
I
4

Case 1:18-vv-00358-UNJ Document 36 Filed 03/04/20 Page 7 of 7
.Respectfully submitted,
YOHONO#
ATTORNEY. OF·.RE'CQRD FOR AUTHORIZED REPRESENTATIVE
PETITION£R: OF THE ATTORNEY G.ENERAL:
'--
2lf&;i4[i-J;)
1700·Sbuth·El Camino Real, Ste. 204 'irector
San Mateo, CA 94402 . Torts Branch
Tel: (650)212-490_0 Civil Division
U.S .. D~partment of'Justice
P. 0. Box r46
Benjamin. Franklio Station
Washingfon, DC 20044~0146.
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF .RECORD FQ~
THE-SECRETARY OF HEALTH AND RESPONDENT:
HUMAN.SERVICES:• .
~
TAMARA OVERBY
Acting Director· Senior T:rial Attorney
Division of Injury" Compensation Prngrams Torts Branch
flealth.c.are_S ys(ems Bureau- · Civil Div.isfon.
Heal.th Resqurces and·Services·Administration U. .S . Departmenf-·Qr Justice
U.S. Department of Health and Human Services P. 0. Box 146
5600 Fishers· Lane B~njamin Franklin Statibn
-Park(awn auildir1g, Stop-08Nl46B Washington, DC. 20044~0 !'46
MD
Rockvi°lle, 20857 T~l: (202) 6.16-4099
8/11/ffl
DATE: