VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01767 Package ID: USCOURTS-cofc-1_18-vv-01767 Petitioner: Reginald L. Adams Filed: 2021-01-04 Decided: 2021-02-23 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2017-11-09 Condition: shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 68500 AI-assisted case summary: Reginald L. Adams filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2021, alleging he suffered shoulder injuries related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate vaccine received on November 9, 2017. He alleged the vaccine was administered in the United States, he experienced residual effects for more than six months, and had no prior award or settlement. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 29, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision awarding damages. A lump sum of $68,500.00 was awarded to the Petitioner, representing compensation for all items of damages available under Section 15(a). Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01767-0 Date issued/filed: 2021-02-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/04/2021) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01767-UNJ Document 50 Filed 02/23/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1767V UNPUBLISHED REGINALD L. ADAMS, Chief Special Master Corcoran Petitioner, Filed: January 4, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Phyllis Lile-King, The Lile-King Firm, Greensboro, NC, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 16, 2018, Reginald L. Adams 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 shoulder injuries related to vaccine administration (“SIRVA”) as a result of a pneumococcal conjugate vaccine received on November 9, 2017. Petition at 1; Stipulation, filed December 29, 2020, at ¶¶ 1-4. Petitioner further alleges that the vaccine was administered in the United States, he experienced the residual effects of his alleged injuries for more than six months, and 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, 5-6; Stipulation at ¶¶ 3-6. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the 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 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-01767-UNJ Document 50 Filed 02/23/21 Page 2 of 7 Nevertheless, on December 29, 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 $68,500.00 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-01767-UNJ Document 50 Filed 02/23/21 Page 3 of 7 Case 1:18-vv-01767-UNJ Document 50 Filed 02/23/21 Page 4 of 7 Case 1:18-vv-01767-UNJ Document 50 Filed 02/23/21 Page 5 of 7 Case 1:18-vv-01767-UNJ Document 50 Filed 02/23/21 Page 6 of 7 Case 1:18-vv-01767-UNJ Document 50 Filed 02/23/21 Page 7 of 7