VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00938
Package ID: USCOURTS-cofc-1_18-vv-00938
Petitioner: James Owens
Filed: 2018-06-28
Decided: 2019-12-26
Vaccine: influenza
Vaccination date: 2016-11-01
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
James Owens filed a petition for compensation under the National Vaccine Injury Compensation Program on June 28, 2018, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 1, 2016. The petition stated the vaccine was administered in the United States, the injury persisted for more than six months, and there had been no prior award or settlement of a civil action for damages. Respondent denied that the flu vaccine caused the petitioner's SIRVA or that it constituted a SIRVA Table Injury. Despite these differing positions, the parties filed a joint stipulation on November 4, 2019, agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr. Owens was awarded a lump sum of $50,000.00, payable by check to the petitioner, as compensation for all damages available under the program. This amount represents a compromise of liability and damages. The stipulation also addressed future proceedings for attorneys' fees and costs. The parties agreed that the payment would be made in accordance with 42 U.S.C. § 300aa-15(i), subject to available funds. Petitioner, on behalf of himself and his heirs, released the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the November 1, 2016, flu vaccination. The stipulation stated it was a full and complete negotiated settlement of liability and damages, except for attorneys' fees and costs, and that it was not an admission by the United States or the Secretary that the vaccine caused the alleged injury. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice.

Theory of causation field:
Petitioner James Owens alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 1, 2016. Respondent denied that the vaccine caused the SIRVA or that it was a Table Injury. The parties reached a joint stipulation to settle the case, agreeing to an award of $50,000.00. The stipulation was adopted by Chief Special Master Brian H. Corcoran on December 26, 2019. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting either party's position, as the case was resolved through a negotiated settlement. The award represents a compromise of liability and damages. Petitioner was represented by Jeffrey S. Pop, and respondent by Kyle Edward Pozza.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00938-0
Date issued/filed: 2019-12-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/04/2019) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-00938-UNJ Document 42 Filed 12/26/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-938V
Filed: November 4, 2019
UNPUBLISHED
JAMES OWENS,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Corcoran, Chief Special Master:
On June 28, 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 a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on
November 1, 2016. Petition at 1; Stipulation, filed November 4, 2019, at ¶¶ 1-2, 4.
Petitioner further alleges that the vaccine was administered in the United States, that his
injury has persisted for more than six months, and that there has been no prior award or
settlement of a civil action for damages on his behalf as a result of his condition.
Petition at 1, 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused
petitioner to suffer a right shoulder SIRVA, and denies that petitioner sustained a SIRVA
Table Injury.” Stipulation at ¶ 6.
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. 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).
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-00938-UNJ Document 42 Filed 12/26/19 Page 2 of 7
Nevertheless, on November 4, 2019, 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 the decision of the Court in awarding damages,
on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the I award the following
compensation:
A lump sum of $50,000.00 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.
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-00938-UNJ Document 42 Filed 12/26/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JAMES OWENS, ) No. 18-0938V
)
Petitioner, ) Chief Special Master Brian H. Corcoran
) ECF
V. )
)
SECRETARY OF HEALT H AND )
HUMAN SERVICES, )
)
_______________
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. James Owens, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on November 1, 2016.
3. The Vl;lccination was administered within the United States.
4. Petitioner alleges that he suffered from a right shoulder injury related to vaccination
administration ("SIRVA") as a result of receiving the flu vaccine, and suffered the residual
effects of this alleged injury for more than six months.
5. 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.
6. Respqndent denies that the flu vaccine caused petitioner to suffer a right shoulder

Case 1:18-vv-00938-UNJ Document 42 Filed 12/26/19 Page 4 of 7
SIRVA, and denies that petitioner sustained a SIRVA Table Injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the te1ms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $50,000.00 in the fonn of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U .S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to fm1her proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:18-vv-00938-UNJ Document 42 Filed 12/26/19 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of f-Iealth and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss o.f services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on November 1, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on or about June 28, 2018, in
the United States Court of Federal Claims as petition No. 18-0938V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:18-vv-00938-UNJ Document 42 Filed 12/26/19 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may i;eflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner to have a right
shoulder SIRVA, or any other injury or his cun-ent condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, .administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:18-vv-00938-UNJ Document 42 Filed 12/26/19 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR
PETmONER:
JEF~ ~I-N7't.RINE E. REEVES
Counsel for Petitioner Deputy Director
Jeffrey S. Pop & Associate Torts Branch, Civil Division
9150 Wilshire Blvd., Suite 241 U.S. Department of Justice
Beverly Hills, CA 90212 P.O. Box 146
Benjamin Fran.klin Station
Washington, DC 20044-0146
•··
AurHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
~ ,
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
TAMARA OVERBY KYLEE. POZZA ~
Acting Director, Division of Injury Trial Attorney
Compensation Programs (DICP) Torts Branch, Civil Division
Healthcare Systems Bw-eau U.S.DepartmentofJustice
U.S. Department of Health P.O. Box 146
and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, DC 20044-0146
Parklawn Building, Mail Stop 08Nl46B Tel: (202) 616-3661
Rockville, MD 20857 Kyle.Poz:za@usdoj.gov
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