VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00293
Package ID: USCOURTS-cofc-1_19-vv-00293
Petitioner: William Orth
Filed: 2019-02-25
Decided: 2020-10-27
Vaccine: influenza
Vaccination date: 2017-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
William Orth filed a petition on February 25, 2019, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2017. Mr. Orth stated that the vaccine was administered in the United States, that he experienced residual effects from the injury for more than six months, and that no civil action had been filed nor compensation received for his alleged vaccine-caused injuries. The respondent denied that Mr. Orth sustained a SIRVA Table injury, denied that the flu 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 these denials, on September 23, 2020, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded William Orth a lump sum of $70,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision was issued on October 27, 2020. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice.

Theory of causation field:
Petitioner William Orth alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 28, 2017. Respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $70,000.00. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, treatments, or expert witnesses. The theory of causation is based on a Table injury, as indicated by the respondent's denial of a SIRVA Table injury. The award was a lump sum of $70,000.00. The decision date was October 27, 2020. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00293-0
Date issued/filed: 2020-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/23/2020) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00293-UNJ Document 33 Filed 10/27/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0293V
UNPUBLISHED
WILLIAM ORTH, Chief Special Master Corcoran
Petitioner, Filed: September 23, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 25, 2019, William Orth 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”) after receiving the influenza vaccine on September 28, 2017.
Petition at 1 ¶ 2; Stipulation, filed at Sept. 23, 2020 ¶¶ 1-2, 4. Petitioner further alleges he
received the vaccine in the United States, that he suffered the residual effects of his injury
for more than six months, and that neither he nor any other party has filed a civil action
or received compensation for his injuries, alleged as vaccine caused. Petition at ¶¶ 19-
21; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table
injury; denies that the flu vaccine caused petitioner’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-00293-UNJ Document 33 Filed 10/27/20 Page 2 of 7
Nevertheless, on September 23, 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 $70,000.00 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

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