VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01845 Package ID: USCOURTS-cofc-1_18-vv-01845 Petitioner: Randy Marts Filed: 2018-11-30 Decided: 2020-07-27 Vaccine: influenza Vaccination date: 2017-10-24 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Randy Marts filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2018, alleging he suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine he received on October 24, 2017. He claimed the onset of pain occurred within 48 hours of the vaccination and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Marts sustained a SIRVA Table Injury, denied that the flu vaccine caused his shoulder injuries, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on June 24, 2020, agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Mr. Marts was awarded a lump sum of $50,000.00 as compensation for all items of damages. The decision was issued on July 27, 2020. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01845-0 Date issued/filed: 2020-07-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/25/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01845-UNJ Document 37 Filed 07/27/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1845V UNPUBLISHED RANDY MARTS, Chief Special Master Corcoran Petitioner, Filed: June 25, 2020, v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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 S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 30, 2018, Randy Marts 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 left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza (“flu”) vaccine administered on October 24, 2017. Petition at Preamble; Stipulation, issued at June 24, 2020, ¶¶ 4. Petitioner further alleges that he suffered onset of pain within 48 hours and that he has experienced residual effects of this injury for more than six months. Id. “Respondent denies that [P]etitioner sustained a SIRVA Table Injury; denies that the flu vaccine caused [P]etitioner’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. Nevertheless, on June 24, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 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-01845-UNJ Document 37 Filed 07/27/20 Page 2 of 7 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 $50,000.00 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 § 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-01845-UNJ Document 37 Filed 07/27/20 Page 3 of 7 Jun.17.2020 12:12 PM MARTS FINANCIAL 5132171234 PAGE. 1/ 5 •IN 'fHE (IN];[,t"A) S.lfA'Jt:S covaT OF FEDERAL CLAIMS OFFICE OF SPECIAi. MASTERS ••••••••••••••••••••••••••••••••••••• • RANDV MARTS, • • Petitioner, No. 11-18.fSV • ClifofSpecial Muster C-orcornn v. • • SECRETAR\'-OF HEALTH AND • HUMAN SERVICES. • • Respondom. • ••••••••••••••••••••••••••••••••••••• fil:lPULATION The purties hereby stipulate to rbl! fol!Mviu8 matters: I. Pl!litioner filed A petition for 'Vaccine compcnS3tion under the National Vaccine luj111y Co1npe11sation Program, 42 U.S.C'. § JOOaa-10 to 34 (the "Vaccine Program"). The plllition seeks compensntion for i1ti11ries allegt."tily "lated to pctitioucr·s receipt of1 1n intlnenza ("flu") vAccinl!, which vaccinu is contained in the Vacciut fojury T.ibli: (the "Tobie"). 42 C. 'f. R. § 100 .., (ll), 2. Pcliriouer l'CCcivcd a ·tlu immuniution.on October 24. 2017.1 .l. The vocei111:w11s administered within 1he United States. 4. Petitioner alleges that he s1istaim.'tl a Ml l!hottrder injury related to vaccine administra1ton{"SIRVA") wifhin the time period set forth in tho Table. Alt1:rnativ"ly, petitiom:r 111leges that bis letl shoulder pain was c:aused•iu-fact by a fiu vaceil\atiull. He further alleges thnt ho hus cx1,crie111:cd r11sid11nl cflccts of this iuj11ry for more ti.inn six months. ···-~·-·------- 1 Pc:litionC( nJ50 r«eivcd n rncnnlO\'.IX :?3 \'0Ccilleo11 this date:. Pna1movax 23 is n p11e1uuoc0