VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01519 Package ID: USCOURTS-cofc-1_18-vv-01519 Petitioner: Edward Boni Filed: 2020-08-27 Decided: 2020-09-29 Vaccine: influenza Vaccination date: 2016-10-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 48000 AI-assisted case summary: Edward Boni filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination on October 3, 2016. Mr. Boni stated he received the vaccine in the United States and experienced residual effects for more than six months. Respondent denied that Mr. Boni sustained a SIRVA Table injury or that the flu immunization caused his alleged shoulder injury. Despite the denial, the parties filed a joint stipulation on August 27, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision. Mr. Boni was awarded a lump sum of $48,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Jeffrey A. Golvash of Golvash & Epstein, LLC, and Respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Petitioner Edward Boni alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 3, 2016. Respondent denied a SIRVA Table injury or causation. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted. Petitioner was awarded $48,000.00. The specific theory of causation, medical evidence, expert testimony, and mechanism of injury are not detailed in the public decision, which relies on a stipulation. The case falls under the "Table" category for SIRVA injuries. Petitioner's counsel was Jeffrey A. Golvash, and Respondent's counsel was Camille Michelle Collett. The decision date was September 29, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01519-0 Date issued/filed: 2020-09-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/27/2020) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01519-UNJ Document 47 Filed 09/29/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1519V UNPUBLISHED EDWARD BONI, Chief Special Master Corcoran Petitioner, Filed: August 27, 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) Jeffrey A. Golvash, Golvash & Epstein, LLC, Pittsburgh, PA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 2, 2018, Edward Boni 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”) vaccination administered on October 3, 2016. Petition at 1; Stipulation, filed at August 27, 2020, ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his injury for more than six months, and that there has been no prior award or settlement or a civil action for damages as a result of his alleged condition. Petition at 6; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury and denies that the flu immunization is the cause of [P]etitioner’s alleged shoulder injury, or any other injury or condition. ” 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-01519-UNJ Document 47 Filed 09/29/20 Page 2 of 7 Nevertheless, on August 27, 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 $48,000.00 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 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-01519-UNJ Document 47 Filed 09/29/20 Page 3 of 7 Case 1:18-vv-01519-UNJ Document 47 Filed 09/29/20 Page 4 of 7 Case 1:18-vv-01519-UNJ Document 47 Filed 09/29/20 Page 5 of 7 Case 1:18-vv-01519-UNJ Document 47 Filed 09/29/20 Page 6 of 7 Case 1:18-vv-01519-UNJ Document 47 Filed 09/29/20 Page 7 of 7