VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00675 Package ID: USCOURTS-cofc-1_18-vv-00675 Petitioner: Bradley Haag Filed: 2018-05-11 Decided: 2020-10-16 Vaccine: influenza Vaccination date: 2015-11-12 Condition: left shoulder injuries Outcome: compensated Award amount USD: 65479 AI-assisted case summary: Bradley Haag filed a petition on May 11, 2018, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered left shoulder injuries as a result of an influenza vaccine administered on November 12, 2015, and that the injury lasted more than six months. The respondent denied that the vaccine caused the alleged shoulder injuries or any other injury, and denied that Mr. Haag sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) Table injury. Despite these denials, on October 16, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Mr. Haag was awarded a lump sum of $65,479.36, payable by check to the Petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Traci R. Patton of the U.S. Department of Justice. Theory of causation field: Petitioner Bradley Haag alleged left shoulder injuries following an influenza vaccine on November 12, 2015, with injury lasting more than six months. Respondent denied causation and a SIRVA Table injury. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted. Petitioner was awarded $65,479.36. The theory of causation is based on the "Table" for SIRVA, as indicated by the stipulation. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence presented. Attorneys for Petitioner were Amy A. Senerth and for Respondent was Traci R. Patton. The decision date was October 16, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00675-0 Date issued/filed: 2020-11-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/16/2020) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00675-UNJ Document 51 Filed 11/16/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0675V UNPUBLISHED BRADLEY HAAG, Chief Special Master Corcoran Petitioner, Filed: October 16, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 11, 2018, Bradley Haag 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 left shoulder injuries as a result of an influenza (“flu”) vaccine he received on November 12, 2015. Petition at 1; Stipulation, filed at October 16, 2020, ¶¶ 4, 6. Petitioner further alleges that his injury lasted more than six months. Petition at 3; Stipulation at ¶¶ . “Respondent denies that the vaccine caused petitioner’s alleged shoulder injuries, or any other injury; denies that petitioner sustained a Shoulder Injury Related to Vaccine Administration Table injury; and denies that petitioner’s current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on October 16, 2020, 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. 1 Because this unpublished decision 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 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, 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-00675-UNJ Document 51 Filed 11/16/20 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $65,479.36, 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 Section 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-00675-UNJ Document 51 Filed 11/16/20 Page 3 of 7 Case 1:18-vv-00675-UNJ Document 51 Filed 11/16/20 Page 4 of 7 Case 1:18-vv-00675-UNJ Document 51 Filed 11/16/20 Page 5 of 7 Case 1:18-vv-00675-UNJ Document 51 Filed 11/16/20 Page 6 of 7 Case 1:18-vv-00675-UNJ Document 51 Filed 11/16/20 Page 7 of 7