VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00424 Package ID: USCOURTS-cofc-1_18-vv-00424 Petitioner: Keith McCarville Filed: 2018-03-22 Decided: 2020-03-24 Vaccine: influenza Vaccination date: 2016-09-24 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Keith McCarville filed a petition for compensation under the National Vaccine Injury Compensation Program on March 22, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 24, 2016. The respondent, the Secretary of Health and Human Services, denied that the injury was caused by the vaccine. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for an award of compensation to Mr. McCarville. Special Master Thomas L. Gowen adopted the stipulation. The decision was filed on March 24, 2020. The stipulation awarded a lump sum of $50,000.00, payable to the petitioner, representing all compensation for damages allegedly related to the flu vaccine. Judgment was entered in accordance with the stipulation. Bridget C. McCullough represented the petitioner, and Ryan D. Pyles represented the respondent. The public decision does not describe the onset, specific symptoms, medical tests, treatments, or the mechanism of injury. The public decision does not name any medical experts. Theory of causation field: Petitioner Keith McCarville alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 24, 2016. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $50,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was made pursuant to a stipulation for settlement, adopted by Special Master Thomas L. Gowen on March 24, 2020. Petitioner was represented by Bridget C. McCullough, and respondent was represented by Ryan D. Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00424-0 Date issued/filed: 2020-04-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/24/2020) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00424-UNJ Document 36 Filed 04/16/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 24, 2020 * * * * * * * * * * * * * KEITH MCCARVILLE, * UNPUBLISHED * Petitioner, * No. 18-424V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; Influenza AND HUMAN SERVICES, * (“flu”) vaccine; Shoulder Injury Respondent. * Related to Vaccine Administration * (“SIRVA”). * * * * * * * * * * * * * Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Ryan D. Pyles, U.S. Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On March 22, 2018, Keith McCarville (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition at Preamble (ECF No. 1). Petitioner received an influenza (“flu”) vaccine on September 24, 2016. Id.; Stipulation at ¶ 4 (ECF No. 31). Petitioner alleged that a result of receiving the vaccination he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”). Id. On March 24, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that petitioner’s alleged injury was caused by the flu vaccine. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and 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-00424-UNJ Document 36 Filed 04/16/20 Page 2 of 7 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 $50,000.000, in the form of a check payable to petitioner. This amount represents all compensation for damages that would be available under 42 U.S.C. § 300aa-15(a) for all injuries allegedly related to petitioner’s receipt of the flu vaccine. 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-00424-UNJ Document 36 Filed 04/16/20 Page 3 of 7 Case 1:18-vv-00424-UNJ Document 36 Filed 04/16/20 Page 4 of 7 Case 1:18-vv-00424-UNJ Document 36 Filed 04/16/20 Page 5 of 7 Case 1:18-vv-00424-UNJ Document 36 Filed 04/16/20 Page 6 of 7 Case 1:18-vv-00424-UNJ Document 36 Filed 04/16/20 Page 7 of 7