VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00564 Package ID: USCOURTS-cofc-1_18-vv-00564 Petitioner: Randall Puckett Filed: 2018-04-19 Decided: 2020-07-01 Vaccine: influenza Vaccination date: 2016-09-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 107237 AI-assisted case summary: Randall Puckett filed a petition on April 19, 2018, alleging that the influenza vaccine he received on September 22, 2016, 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 the vaccine caused or aggravated his injury, and denied that his current disabilities were the result of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation to resolve the case, which Special Master Christian J. Moran adopted as the decision of the Court. The stipulation awarded Mr. Puckett a lump sum payment of $7,237.77, payable jointly to him and Equian, LLC, to reimburse the State of West Virginia Medicaid lien. This amount represented full satisfaction of any claim the state might have for Medicaid payments made on his behalf. Mr. Puckett agreed to endorse this check to the state of West Virginia. Additionally, he received a lump sum payment of $100,000.00, payable to him, for all remaining damages. The total compensation awarded was $107,237.77. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Shealene P. Mancuso of Muller Brazil, LLP, and respondent was represented by Ronalda E. Kosh of the United States Department of Justice. Theory of causation field: Petitioner Randall Puckett alleged that the influenza vaccine administered on September 22, 2016, caused a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation, adopted by Special Master Christian J. Moran on July 1, 2020, awarding $107,237.77 in total compensation. This included $7,237.77 for a West Virginia Medicaid lien reimbursement and $100,000.00 for all remaining damages. The theory of causation was based on the Vaccine Injury Table (SIRVA). The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00564-0 Date issued/filed: 2020-07-28 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 07/01/2020) regarding 52 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Joint Stipulation) (hh) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00564-UNJ Document 56 Filed 07/28/20 Page 1 of 3 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * RANDALL PUCKETT, * * No. 18-564V Petitioner, * Special Master Christian J. Moran * v. * Filed: July 1, 2020 * SECRETARY OF HEALTH * Stipulation; influenza vaccine; AND HUMAN SERVICES, * should injury related to vaccine * administration (“SIRVA”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Shealene P. Mancuso, Muller Brazil, LLP, Dresher, PA, for Petitioner; Ronalda E. Kosh, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On July 1, 2020, the parties filed a joint stipulation concerning the petition for compensation filed by Randall Puckett on April 19, 2018. Petitioner alleged that the influenza (“flu”) vaccine he received on September 22, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer 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. 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 1:18-vv-00564-UNJ Document 56 Filed 07/28/20 Page 2 of 3 Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. 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. A lump sum payment of $7,237.77, representing reimbursement of the State of West Virginia Medicaid lien, in the form of a check payable jointly to petitioner and: Equian, LLC Member: Amy McMasters File No.: 11958805-11904072 P.O. Box 34060 Louisville, Kentucky 40232-4060 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the state of West Virginia may have against any individual as a result of any Medicaid payments the state of West Virginia has made to or on behalf of petitioner from the date of judgment in this case as a result of his alleged vaccine-related injury suffered on or about September 22, 2016, under Title XIX of the Social Security Act. Petitioner agrees to endorse this check to the state of West Virginia. b. A lump sum of $100,000.00, in the form of a check payable to petitioner, which represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). 2 Case 1:18-vv-00564-UNJ Document 56 Filed 07/28/20 Page 3 of 3 In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 18-564V 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. 3