VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01704 Package ID: USCOURTS-cofc-1_18-vv-01704 Petitioner: Christopher Lucas Filed: 2018-11-02 Decided: 2020-11-20 Vaccine: influenza Vaccination date: 2017-01-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 97500 AI-assisted case summary: On November 2, 2018, Christopher Lucas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on January 29, 2017. Mr. Lucas stated the vaccine was administered in the United States and that he experienced residual effects for over six months. He also affirmed there had been no prior award or settlement for his condition. The respondent, the Secretary of Health and Human Services, denied that Mr. Lucas suffered a SIRVA Table injury or that the flu vaccine caused his left shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on October 16, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision. Pursuant to the stipulation, Christopher Lucas was awarded a lump sum of $97,500.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on November 20, 2020. Petitioner's counsel was Theodore J. Hong of Maglio Christopher & Toale, PA, and respondent's counsel was Christine Mary Becer of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Christopher Lucas alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on January 29, 2017. Respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $97,500.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was made pursuant to a stipulation, not a finding of fact or law on causation. Attorneys for petitioner were Theodore J. Hong and for respondent was Christine Mary Becer. The decision date was November 20, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01704-0 Date issued/filed: 2020-11-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/21/2020) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01704-UNJ Document 52 Filed 11/20/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1704V UNPUBLISHED CHRISTOPHER LUCAS, Chief Special Master Corcoran Petitioner, Filed: October 21, 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) Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 2, 2018, Christopher Lucas 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 January 29, 2017. Petition at 1; Stipulation, filed on October 16, 2020, at ¶¶ 1-2, 4. Petitioner further alleges that the vaccine was administered within the United States; that he experienced the residual effects of his alleged injury 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, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered a SIRVA Table injury, and denies that the flu vaccine caused petitioner to suffer from a left shoulder injury or any other injury or his current 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-01704-UNJ Document 52 Filed 11/20/20 Page 2 of 7 Nevertheless, on October 16, 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 $97,500.00 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 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-01704-UNJ Document 52 Filed 11/20/20 Page 3 of 7 Case 1:18-vv-01704-UNJ Document 52 Filed 11/20/20 Page 4 of 7 Case 1:18-vv-01704-UNJ Document 52 Filed 11/20/20 Page 5 of 7 Case 1:18-vv-01704-UNJ Document 52 Filed 11/20/20 Page 6 of 7 Case 1:18-vv-01704-UNJ Document 52 Filed 11/20/20 Page 7 of 7