VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00028 Package ID: USCOURTS-cofc-1_19-vv-00028 Petitioner: Barry Negri Filed: 2019-01-04 Decided: 2021-03-19 Vaccine: influenza Vaccination date: 2016-12-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85342 AI-assisted case summary: Barry Negri filed a petition for compensation on January 4, 2019, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on December 3, 2016. Mr. Negri alleged that the flu vaccine was administered in the United States, that he experienced residual effects of his alleged injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent denied that Mr. Negri suffered a SIRVA Table injury and denied that the flu vaccine caused his alleged right shoulder injury or any other injury or his current condition. Nevertheless, on February 17, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Pursuant to the stipulation, Mr. Negri was awarded a lump sum of $85,342.06, payable by check to Petitioner, for all items of damages available under Section 15(a) of the Vaccine Act. The clerk of the court was directed to enter judgment in accordance with this decision. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Christine Mary Becer of the U.S. Department of Justice. Theory of causation field: Petitioner Barry Negri alleged that an influenza vaccine administered on December 3, 2016, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied that the flu vaccine caused Petitioner's alleged injury. The parties filed a joint stipulation on February 17, 2021, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Petitioner was awarded a lump sum of $85,342.06 for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Christine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00028-0 Date issued/filed: 2021-03-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/17/2021) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00028-UNJ Document 42 Filed 03/19/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-28V UNPUBLISHED BARRY NEGRI, Chief Special Master Corcoran Petitioner, Filed: February 17, 2021 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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 4, 2019, Barry Negri 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 December 3, 2016. Petition at 1; Stipulation, filed at February 17, 2021, ¶¶ 1, 2. Petitioner further alleges that the flu vaccine was administered in 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 10-11; 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 right 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 1:19-vv-00028-UNJ Document 42 Filed 03/19/21 Page 2 of 7 Nevertheless, on February 17, 2021, 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 $85,342.06 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 1:19-vv-00028-UNJ Document 42 Filed 03/19/21 Page 3 of 7 Case 1:19-vv-00028-UNJ Document 42 Filed 03/19/21 Page 4 of 7 Case 1:19-vv-00028-UNJ Document 42 Filed 03/19/21 Page 5 of 7 Case 1:19-vv-00028-UNJ Document 42 Filed 03/19/21 Page 6 of 7 Case 1:19-vv-00028-UNJ Document 42 Filed 03/19/21 Page 7 of 7