VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00354 Package ID: USCOURTS-cofc-1_19-vv-00354 Petitioner: Ryan Faust Filed: 2019-07-20 Decided: 2022-08-24 Vaccine: influenza Vaccination date: 2017-09-11 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Ryan Faust filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2019. He alleged that he received an influenza vaccine on September 11, 2017, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA). Mr. Faust further alleged that the residual effects of this condition lasted for more than six months and that he had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Mr. Faust sustained a SIRVA Table injury, 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 these denials, on July 19, 2022, the parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Mr. Faust was awarded a lump sum of $80,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision was issued on August 24, 2022. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice. Theory of causation field: Petitioner Ryan Faust alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 11, 2017, with residual effects lasting over six months. Respondent denied a SIRVA Table injury, causation, and sequelae. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the petitioner's claim or the respondent's denials. Compensation was awarded as a lump sum of $80,000.00. The decision date was August 24, 2022. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Colleen Clemons Hartley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00354-0 Date issued/filed: 2022-08-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/20/2022) regarding 63 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00354-UNJ Document 70 Filed 08/24/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0354V UNPUBLISHED RYAN FAUST, Chief Special Master Corcoran Petitioner, Filed: July 20, 2022 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. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 8, 2019, Ryan Faust 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 he received on September 11, 2017. Petition at 1; Stipulation, filed at July 19, 2022, ¶¶ 2-4. Petitioner further alleges that he suffered the residual effects of this condition 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 8-9; Stipulation at ¶¶ 4-5. Respondent denies “that petitioner sustained a SIRVA Table injury; denies that the 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00354-UNJ Document 70 Filed 08/24/22 Page 2 of 7 Nevertheless, on July 19, 2022, 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 $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 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-00354-UNJ Document 70 Filed 08/24/22 Page 3 of 7 Case 1:19-vv-00354-UNJ Document 70 Filed 08/24/22 Page 4 of 7 Case 1:19-vv-00354-UNJ Document 70 Filed 08/24/22 Page 5 of 7 Case 1:19-vv-00354-UNJ Document 70 Filed 08/24/22 Page 6 of 7 Case 1:19-vv-00354-UNJ Document 70 Filed 08/24/22 Page 7 of 7