{"package_id":"USCOURTS-cofc-1_18-vv-01397","decision_granule_id":"USCOURTS-cofc-1_18-vv-01397-0","petitioner_identifier":"John Agate","is_minor":0,"age_at_vaccination":41.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2015-09-15","condition_raw":"shoulder injury related to vaccine administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"denied","award_amount_usd":null,"decision_date":"2024-09-11","extraction_version":"gemini-v2","extracted_at":"2026-04-30T05:09:50.202747+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Off-Table","is_death":0,"date_of_death":null,"petition_filed_date":"2018-09-13","case_summary":"John Agate filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine he received on September 15, 2015, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). Mr. Agate, a 41-year-old sales manager, reported experiencing right shoulder pain shortly after the vaccination. The case was initially pursued as a Table claim, requiring proof of specific criteria including onset within 48 hours, no prior history of shoulder issues, pain limited to the vaccinated shoulder, and no other condition explaining the symptoms. The Special Master found that Mr. Agate met the criteria for no prior right shoulder condition and that his pain occurred within 48 hours of vaccination, and that his pain and reduced range of motion were limited to his right shoulder. However, the claim failed on the fourth Table criterion because the evidence showed other conditions, specifically chronic degenerative pathologies, could explain his symptoms. Consequently, the Table claim was denied. The case then proceeded as an off-Table, causation-in-fact claim. The Special Master found that Mr. Agate failed to establish causation-in-fact, noting significant gaps in reporting right shoulder pain and that treating physicians, including an internationally known shoulder surgeon, did not link his symptoms to the vaccination, instead attributing them to chronic degeneration. Expert testimony from Dr. Julie Bishop was found persuasive in concluding that Mr. Agate's symptoms were more likely due to wear and tear rather than the vaccine. Therefore, the petition was denied.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"John Agate","petitioner_attorney_name":"Brian L. Cinelli","petitioner_attorney_firm":"Schiffmacher Cinelli Adoff, LLP, PC","petitioner_attorney_location":"Buffalo, NY","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:43:52","attorney_canonical_keys":"|brian-cinelli|","firm_canonical_key":"schiffmacher-cinelli-adoff","package_title":"AGATE v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01397","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01397.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01397.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_18-vv-01397-0","title":"AGATE v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 08/07/2024) regarding 62 DECISION of Special Master Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.","date_issued":"2024-09-11","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_18-vv-01397/granules/USCOURTS-cofc-1_18-vv-01397-0/pdf","pdf_bytes":377283,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_18-vv-01397/USCOURTS-cofc-1_18-vv-01397-0"}]}