VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00033 Package ID: USCOURTS-cofc-1_19-vv-00033 Petitioner: Joel Tarantal Filed: 2019-01-04 Decided: 2021-07-29 Vaccine: influenza Vaccination date: 2017-08-27 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Joel Tarantal filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2019. He alleged that he suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on August 27, 2017. Mr. Tarantal further alleged that he suffered the residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Tarantal sustained a SIRVA Table injury and denied that his alleged shoulder injury or any other condition was caused by the flu vaccine. Despite these denials, on June 29, 2021, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Mr. Tarantal was awarded a lump sum of $80,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. 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 Althea Walker Davis of the U.S. Department of Justice. Theory of causation field: Petitioner Joel Tarantal received an influenza vaccine on August 27, 2017, and alleged a right shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied a SIRVA Table injury or causation by the vaccine. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as his decision. Mr. Tarantal was awarded $80,000.00. The theory of causation is based on the "Table" for SIRVA, though the public text does not detail the specific mechanism, medical evidence, or expert testimony considered. Petitioner's counsel was Leah VaSahnja Durant, and Respondent's counsel was Althea Walker Davis. The decision date was July 29, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00033-0 Date issued/filed: 2021-07-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/29/2021) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00033-UNJ Document 47 Filed 07/29/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0033V UNPUBLISHED JOEL TARANTAL, Chief Special Master Corcoran Petitioner, Filed: June 29, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 4, 2019, Joel Tarantal 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on August 27, 2017. Petition at 1; Stipulation, filed at June 29, 2021, ¶¶ 2, 4. Petitioner further alleges he suffered the residual effects of this alleged injury for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury, and further denies that petitioner’s alleged shoulder injury or any other injury or condition, was caused by his receipt of the flu vaccine.” Stipulation at ¶ 6. Nevertheless, on June 29, 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. 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-00033-UNJ Document 47 Filed 07/29/21 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $80,000.00, 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 1:19-vv-00033-UNJ Document 47 Filed 07/29/21 Page 3 of 7 Case 1:19-vv-00033-UNJ Document 47 Filed 07/29/21 Page 4 of 7 Case 1:19-vv-00033-UNJ Document 47 Filed 07/29/21 Page 5 of 7 Case 1:19-vv-00033-UNJ Document 47 Filed 07/29/21 Page 6 of 7 Case 1:19-vv-00033-UNJ Document 47 Filed 07/29/21 Page 7 of 7