VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01365 Package ID: USCOURTS-cofc-1_18-vv-01365 Petitioner: Robert Stoll Filed: 2018-09-06 Decided: 2022-08-10 Vaccine: Hepatitis B Vaccination date: 2017-03-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 17500 AI-assisted case summary: Robert Stoll filed a petition for compensation under the National Vaccine Injury Compensation Program on September 6, 2018, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Hepatitis B vaccine he received on March 28, 2017. He alleged the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition. Respondent denied that petitioner sustained a SIRVA, denied that the vaccine caused his injury, and denied that his condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 8, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision awarding damages. Robert Stoll was awarded a lump sum of $17,500.00, representing compensation for all items of damages available under Section 15(a). Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01365-0 Date issued/filed: 2022-09-12 Pages: 12 Docket text: PUBLIC DECISION (Originally filed: 08/10/2022) regarding 55 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 1 of 12 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1365V UNPUBLISHED ROBERT STOLL, Chief Special Master Corcoran Petitioner, Filed: August 10, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Hepatitis B HUMAN SERVICES, (Hep B) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 6, 2018, Robert Stoll 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 a Hepatitis B vaccine that was administered to him on March 28, 2017. Petition at 1; Stipulation, filed on August 8, 2022, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he has experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of his alleged condition. Petition at 1, 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequelae 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 2 of 12 Nevertheless, on August 8, 2022, 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 $17,500.00 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 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 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-01365-UNJ Document 59 Filed 09/12/22 Page 3 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 4 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 5 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 6 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 7 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 8 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 9 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 10 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 11 of 12 Case 1:18-vv-01365-UNJ Document 59 Filed 09/12/22 Page 12 of 12