VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00760 Package ID: USCOURTS-cofc-1_18-vv-00760 Petitioner: David Daniel Filed: 2018-05-30 Decided: 2020-10-16 Vaccine: influenza Vaccination date: 2016-11-12 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 60996 AI-assisted case summary: David Daniel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination administered on November 12, 2016. He claimed severe onset of pain in his right shoulder at the injection site immediately upon administration of the flu injection, with symptoms lasting more than six months. Respondent denied that petitioner sustained a Table SIRVA injury, denied that the vaccine caused or aggravated his injury, and denied that his current disabilities were vaccine-related. Despite these denials, the parties filed a joint stipulation on October 16, 2020, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr. Daniel was awarded a lump sum of $60,996.02, which included $60,000.00 for pain and suffering and $996.02 for past unreimbursed expenses. This amount was intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00760-0 Date issued/filed: 2020-11-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/16/2020) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00760-UNJ Document 48 Filed 11/16/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0760V UNPUBLISHED DAVID DANIEL, Chief Special Master Corcoran Petitioner, Filed: October 16, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On May 30, 2018, David Daniel 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 right Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza (“flu”) vaccination administered on November 12, 2016. Petition at 1; Stipulation, filed on October 16, 2020, ¶¶ 2, 4. Petitioner further alleges that he experienced “severe onset of pain” in his right shoulder at the injection site “immediately upon administration of the flu injection” and experienced symptoms of the injury for more than six months. Petition at 2, 5; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a Table SIRVA injury; denies that the vaccine 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.” Stipulation at ¶ 6. 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-00760-UNJ Document 48 Filed 11/16/20 Page 2 of 7 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $60,996.02 in the form of a check payable to Petitioner, consisting of $60,000.00 for pain and suffering and $996.02 for past unreimbursed expenses. 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-00760-UNJ Document 48 Filed 11/16/20 Page 3 of 7 Case 1:18-vv-00760-UNJ Document 48 Filed 11/16/20 Page 4 of 7 Case 1:18-vv-00760-UNJ Document 48 Filed 11/16/20 Page 5 of 7 Case 1:18-vv-00760-UNJ Document 48 Filed 11/16/20 Page 6 of 7 Case 1:18-vv-00760-UNJ Document 48 Filed 11/16/20 Page 7 of 7