VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00466 Package ID: USCOURTS-cofc-1_19-vv-00466 Petitioner: Dwayne Palacio Filed: 2020-12-02 Decided: 2021-02-01 Vaccine: influenza Vaccination date: 2017-11-17 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Dwayne Palacio filed a petition for compensation under the National Vaccine Injury Compensation Program on March 29, 2019. He alleged that after receiving an influenza vaccine on November 17, 2017, he suffered a left shoulder injury related to vaccine administration (SIRVA). Mr. Palacio claimed the injury was either a Table injury or was caused by the vaccine, and that he experienced residual effects for more than six months. The respondent denied that Mr. Palacio sustained a SIRVA Table injury or that his condition was a sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on December 2, 2020, 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 Mr. Palacio a lump sum of $45,000.00, payable by check to the Petitioner, as compensation for all eligible damages. The decision directed the clerk of the court to enter judgment accordingly. Petitioner's counsel was Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent's counsel was Linda Sara Renzi of the U.S. Department of Justice. Theory of causation field: Petitioner Dwayne Palacio alleged a left shoulder injury related to vaccine administration (SIRVA) after an influenza vaccination on November 17, 2017. He claimed the injury was either a Table injury or vaccine-caused, with residual effects lasting over six months. Respondent denied a SIRVA Table injury or that the condition was a sequelae of a vaccine-related injury. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded a lump sum of $45,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the allegation of SIRVA. The theory of causation relied upon was a "Table" injury, as stipulated by the parties. The award was made pursuant to a joint stipulation, not a finding of fact or law after litigation. Attorneys involved were Jeffrey S. Pop for the petitioner and Linda Sara Renzi for the respondent. The decision date was February 1, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00466-0 Date issued/filed: 2021-02-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/02/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00466-UNJ Document 34 Filed 02/01/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0466V UNPUBLISHED DWAYNE PALACIO, Chief Special Master Corcoran Petitioner, Filed: December 2, 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 29, 2019, Dwayne Palacio 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, after receiving the influenza vaccine on November 17, 2017, he suffered a left shoulder injury related to vaccine administration (“SIRVA”) as defined on The Vaccine Injury Table or, in the alternative which was caused by the influenza vaccine. Petition at 1, ¶ 7; Stipulation, filed at Dec. 2, 2020, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccination in the United States, that he suffered the residual effects of his SIRVA for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his SIRVA, alleged as vaccine caused. Petition at ¶¶ 7, 19, 21; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table 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-00466-UNJ Document 34 Filed 02/01/21 Page 2 of 7 Nevertheless, on December 2, 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-00466-UNJ Document 34 Filed 02/01/21 Page 3 of 7 Case 1:19-vv-00466-UNJ Document 34 Filed 02/01/21 Page 4 of 7 Case 1:19-vv-00466-UNJ Document 34 Filed 02/01/21 Page 5 of 7 Case 1:19-vv-00466-UNJ Document 34 Filed 02/01/21 Page 6 of 7 Case 1:19-vv-00466-UNJ Document 34 Filed 02/01/21 Page 7 of 7