VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00116 Package ID: USCOURTS-cofc-1_19-vv-00116 Petitioner: James D. Daughtery Filed: 2019-01-22 Decided: 2020-10-13 Vaccine: influenza Vaccination date: 2017-11-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: James D. Daughtery filed a petition on January 22, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 2, 2017. He stated that he received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for this condition. Respondent denied that Mr. Daughtery sustained SIRVA, denied that the vaccine caused his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on September 9, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mr. Daughtery was awarded a lump sum of $45,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00116-0 Date issued/filed: 2020-10-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/09/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00116-UNJ Document 36 Filed 10/13/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0116V UNPUBLISHED JAMES D. DAUGHTERY, Chief Special Master Corcoran Petitioner, Filed: September 9, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND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) John Judson Patterson, Luxon, Patterson & Himes, PLLC, Richmond, KY, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 22, 2019, James D. Daughtery 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 2, 2017. Petition at 1-2; Stipulation, filed on September 9, 2020, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his 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 alleged condition. Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a Shoulder Injury Related to Vaccine Administration (“SIRVA”); denies that the 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. 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-00116-UNJ Document 36 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 $45,000.00 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-00116-UNJ Document 36 Filed 10/13/20 Page 3 of 7 Case 1:19-vv-00116-UNJ Document 36 Filed 10/13/20 Page 4 of 7 Case 1:19-vv-00116-UNJ Document 36 Filed 10/13/20 Page 5 of 7 Case 1:19-vv-00116-UNJ Document 36 Filed 10/13/20 Page 6 of 7 Case 1:19-vv-00116-UNJ Document 36 Filed 10/13/20 Page 7 of 7