VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01950 Package ID: USCOURTS-cofc-1_18-vv-01950 Petitioner: Winston Chun Filed: 2020-07-08 Decided: 2020-07-08 Vaccine: influenza Vaccination date: 2016-11-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Winston Chun filed a petition for compensation under the National Vaccine Injury Compensation Program on July 8, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 8, 2016. Mr. Chun stated the vaccine was administered in the United States and that he experienced residual effects for more than six months, with no prior award or settlement for his condition. The Secretary of Health and Human Services, respondent, denied that petitioner sustained a SIRVA Table injury or that his condition was caused-in-fact by the flu vaccine. Despite these denials, the parties filed a joint stipulation on July 8, 2020, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Winston Chun a lump sum of $40,000.00, payable to Petitioner, for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Theory of causation field: Petitioner Winston Chun alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on November 8, 2016. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $40,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01950-0 Date issued/filed: 2020-08-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/08/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01950-UNJ Document 35 Filed 08/12/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1950V UNPUBLISHED WINSTON CHUN, Chief Special Master Corcoran Petitioner, Filed: July 8, 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) Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 20, 2018, Winston Chun 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 November 8, 2016. Petition at 1; Stipulation, filed on July 8, 2020, ¶¶ 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 as a result of his condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury and denies that petitioner’s alleged shoulder injury and its residual effects were caused-in-fact by his flu vaccine. Respondent further denies that the flu vaccine caused petitioner 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-01950-UNJ Document 35 Filed 08/12/20 Page 2 of 7 Nevertheless, on July 8, 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 $40,000.00 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-01950-UNJ Document 35 Filed 08/12/20 Page 3 of 7 Case 1:18-vv-01950-UNJ Document 35 Filed 08/12/20 Page 4 of 7 Case 1:18-vv-01950-UNJ Document 35 Filed 08/12/20 Page 5 of 7 Case 1:18-vv-01950-UNJ Document 35 Filed 08/12/20 Page 6 of 7 Case 1:18-vv-01950-UNJ Document 35 Filed 08/12/20 Page 7 of 7