VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01996 Package ID: USCOURTS-cofc-1_18-vv-01996 Petitioner: Douglas Rankin Filed: 2020-09-11 Decided: 2020-10-13 Vaccine: influenza Vaccination date: 2017-09-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 47000 AI-assisted case summary: Douglas Rankin filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2020, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 29, 2017. Petitioner alleged that the vaccination occurred within the United States, that he experienced residual effects of his injury for more than six months, and that no prior award or settlement had been made for his condition. Respondent denied that Petitioner suffered a SIRVA Table injury or that the flu vaccine caused his left shoulder injury or any other injury. Despite these denials, the parties filed a joint stipulation for compensation on September 9, 2020. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court. The decision awarded Douglas Rankin a lump sum of $47,000.00, payable by check to Petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Christine Mary Becer of the U.S. Department of Justice. Theory of causation field: Petitioner Douglas Rankin alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 29, 2017. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $47,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The outcome was compensated via a joint stipulation. The decision was issued by Chief Special Master Brian H. Corcoran on October 13, 2020. Petitioner's counsel was Leah VaSahnja Durant, and Respondent's counsel was Christine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01996-0 Date issued/filed: 2020-10-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/11/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01996-UNJ Document 29 Filed 10/13/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1996V UNPUBLISHED DOUGLAS RANKIN, Chief Special Master Corcoran Petitioner, Filed: September 11, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 28, 2018, Douglas Rankin 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”) caused by an influenza (“flu”) vaccine administered on September 29, 2017. Petition at 1; Stipulation, filed at September 9, 2020, ¶¶ 1, 2. Petitioner further alleges that the vaccination 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 2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner suffered a SIRVA Table injury, and denies that the flu vaccine caused [P]etitioner 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-01996-UNJ Document 29 Filed 10/13/20 Page 2 of 7 Nevertheless, on September 9, 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 $47,000.00 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-01996-UNJ Document 29 Filed 10/13/20 Page 3 of 7 Case 1:18-vv-01996-UNJ Document 29 Filed 10/13/20 Page 4 of 7 Case 1:18-vv-01996-UNJ Document 29 Filed 10/13/20 Page 5 of 7 Case 1:18-vv-01996-UNJ Document 29 Filed 10/13/20 Page 6 of 7 Case 1:18-vv-01996-UNJ Document 29 Filed 10/13/20 Page 7 of 7