VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01329 Package ID: USCOURTS-cofc-1_18-vv-01329 Petitioner: Bobby Joe Love Filed: 2018-08-30 Decided: 2021-12-03 Vaccine: influenza Vaccination date: 2016-10-31 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 67223 AI-assisted case summary: Bobby Joe Love filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a flu vaccination on October 31, 2016. He claimed to have suffered residual effects for more than six months and sought compensation. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injuries, and denied that his current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on damages. The court found the stipulation reasonable and adopted it as the decision of the Court. Bobby Joe Love was awarded a lump sum of $67,223.00 as compensation for all items of damages available under the Vaccine Act. This decision was based on the joint stipulation between the petitioner and the respondent. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01329-0 Date issued/filed: 2021-12-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/30/2021) regarding 63 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01329-UNJ Document 67 Filed 12/03/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1329V Filed: September 30, 2021 UNPUBLISHED BOBBY JOE LOVE, Petitioner, Joint Stipulation on Damages; v. Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 30, 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 as a result of receiving a flu vaccination on October 31, 2016. Petition at 1; Stipulation, filed September 28, 2021, at ¶ 4. Petitioner further alleges that he has suffered the residual effects from his SIRVA for more than six months and that he has not received any compensation in the form of an award or settlement for his vaccine- related injury. Petition at 4; Stipulation at ¶¶ 4-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injuries, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury. ” Stipulation at ¶ 6. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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-01329-UNJ Document 67 Filed 12/03/21 Page 2 of 7 Nevertheless, on September 28, 2021, the parties filed the attached joint stipulation,3 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, I award the following compensation: A lump sum of $67,223.00 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. 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.4 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 When originally filed at ECF No. 61, the parties’ stipulation was electronically “bannered” by CM/ECF with filing information including the case number, docket entry number, filing date, and number of pages. On 9/30/21 respondent’s counsel confirmed in e-mail to chambers that, although the stipulation signature page was inadvertently left unsigned, respondent’s counsel signed the stipulation on the same date that it was filed and requested that the ECF date stamp be accepted in lieu of a handwritten date. (See Informal Remark, 9/30/2021.) The copy of the parties’ stipulation attached to this decision does not contain the original CM/ECF filing “banner” reflecting the original filing information; however, the stipulation was filed on September 28, 2021. 4 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-01329-UNJ Document 67 Filed 12/03/21 Page 3 of 7 Case 1:18-vv-01329-UNJ Document 67 Filed 12/03/21 Page 4 of 7 Case 1:18-vv-01329-UNJ Document 67 Filed 12/03/21 Page 5 of 7 Case 1:18-vv-01329-UNJ Document 67 Filed 12/03/21 Page 6 of 7 Case 1:18-vv-01329-UNJ Document 67 Filed 12/03/21 Page 7 of 7