VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00530 Package ID: USCOURTS-cofc-1_19-vv-00530 Petitioner: Michael E. Deutsch Filed: 2019-04-10 Decided: 2022-02-15 Vaccine: influenza Vaccination date: 2017-12-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Michael E. Deutsch filed a petition for compensation on April 10, 2019, alleging that an influenza vaccine he received on December 18, 2017, caused him to suffer from a shoulder injury related to vaccine administration (SIRVA). He further alleged that the residual effects of this injury lasted for more than six months. The injury is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that Mr. Deutsch sustained a SIRVA Table injury or that the vaccine caused his shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Deutsch a lump sum payment of $10,000.00, payable by check to the petitioner, as compensation for all damages. The decision was filed on February 15, 2022. Paul R. Brazil represented the petitioner, and Naseem Kourosh represented the respondent. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr. Deutsch. It also does not name any medical experts or detail the specific mechanism of injury. Theory of causation field: Petitioner Michael E. Deutsch alleged that an influenza vaccine administered on December 18, 2017, caused a shoulder injury related to vaccine administration (SIRVA), which is a condition listed on the Vaccine Injury Table. Petitioner claimed residual effects lasting over six months. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged shoulder injury. The parties entered into a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $10,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented, relying instead on the stipulation. The theory of causation is based on the Vaccine Injury Table. Attorneys involved were Paul R. Brazil for the Petitioner and Naseem Kourosh for the Respondent. Special Master Christian J. Moran issued the decision on February 15, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00530-0 Date issued/filed: 2022-03-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/15/2022) regarding 41 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00530-UNJ Document 45 Filed 03/11/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * MICHAEL E. DEUTSCH, * * No. 19-530V Petitioner, * Special Master Christian J. Moran * v. * Filed: February 15, 2022 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * shoulder injury related to vaccine * administration (“SIRVA”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner; Naseem Kourosh, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On February 15, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Michael Deutsch on April 10, 2019. Petitioner alleged that the influenza (“flu”) vaccine he received on December 18, 2017, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from a shoulder injury related to vaccine administration (“SIRVA”). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:19-vv-00530-UNJ Document 45 Filed 03/11/22 Page 2 of 7 Respondent denies that petitioner sustained a SIRVA Table injury and denies a vaccine caused petitioner’s alleged shoulder injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $10,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:19-vv-00530-UNJ Document 45 Filed 03/11/22 Page 3 of 7 Case 1:19-vv-00530-UNJ Document 45 Filed 03/11/22 Page 4 of 7 Case 1:19-vv-00530-UNJ Document 45 Filed 03/11/22 Page 5 of 7 Case 1:19-vv-00530-UNJ Document 45 Filed 03/11/22 Page 6 of 7 Case 1:19-vv-00530-UNJ Document 45 Filed 03/11/22 Page 7 of 7