VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00666 Package ID: USCOURTS-cofc-1_19-vv-00666 Petitioner: Larry Logan Filed: 2019-05-06 Decided: 2021-07-14 Vaccine: Prevnar 13 Vaccination date: 2017-09-19 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 35500 AI-assisted case summary: Larry Logan filed a petition for vaccine compensation on May 6, 2019, alleging a right shoulder injury, later diagnosed as adhesive capsulitis, after receiving the Prevnar 13 vaccine on September 19, 2017. He also received an influenza vaccine on the same day. Mr. Logan claimed the injury caused pain in his back, arm, and hand, and that he suffered residual effects for more than six months. The respondent denied that Mr. Logan sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) Table injury or that the Prevnar vaccine caused his condition. Despite these denials, the parties filed a joint stipulation on July 13, 2021, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation. Mr. Logan was awarded a lump sum of $35,500.00, payable to him, representing compensation for all items of damages available under Section 15(a) of the National Childhood Vaccine Injury Act. The decision was issued on July 14, 2021. Petitioner was represented by Renee Ja Gentry of The Law Office of Renee J. Gentry, and Respondent was represented by Ronalda Elnetta Kosh of the U.S. Department of Justice. Theory of causation field: Petitioner Larry Logan received the Prevnar 13 vaccine on September 19, 2017, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $35,500.00 to Petitioner. The stipulation, dated July 13, 2021, and the decision, dated July 14, 2021, do not detail the specific medical mechanism or expert testimony, but represent a negotiated settlement of liability and damages. Petitioner was represented by Renee Ja Gentry, and Respondent by Ronalda Elnetta Kosh. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00666-0 Date issued/filed: 2021-08-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/14/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00666-UNJ Document 38 Filed 08/13/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0666V UNPUBLISHED LARRY LOGAN, Chief Special Master Corcoran Petitioner, Filed: July 14, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Renee Ja Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner. Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 6, 2019, Larry Logan 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 right shoulder injury which caused pain in his back, arm, and hand, later diagnosed as adhesive capsulitis, after receiving the Prevnar 13 vaccine3 on September 19, 2017.4 Petition at ¶¶ 6-8; Stipulation, filed at July 13, 2021, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccine in the United States and that he suffered the residual effects of his injury for more than six months. Petition at ¶¶ 6, 12; Stipulation at ¶¶ 3-4. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the Prevnar vaccine caused [P]etitioner’s alleged shoulder injury, or 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). 3 Prevnar 13 is a pneumococcal conjugate vaccine manufactured by Pfizer, Inc. https://www.pfizerpro.com/product/prevnar-13/adult (last visited July 14, 2021). 4 On this same date, Petitioner also received an influenza vaccine in his left deltoid. Exhibit 1 Case 1:19-vv-00666-UNJ Document 38 Filed 08/13/21 Page 2 of 7 any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on July 13, 2021, 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 $35,500.00 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.5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 5 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-00666-UNJ Document 38 Filed 08/13/21 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE. OF SPECIAL MASTERS )< LARRY'LO.GAN, ) ) )· ) ) No.19-666V v. ) Chief SpeciarMaster Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: t. Larry Logan (j)etitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation 'Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for an injury allegedly related to petitioner's rece.ipt of the pneumococcal con_Rlgate ("Prevnar") vaccine, which is contajned in the Vaccine Injury s Tab1e {t11e '•"Tab1e"), 42 C:F.R 100.3{a). 2. Petitioner received the Prevnar \laccine on September 19, 2017. 3: The vaccine was administered in the United States. 4. Petitioner alleges that as a result of receiving the Prevnar vaccine, he suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") within the Table timeframe, or in ·the alternative, that the alleged shoukier injury was caused by the vaccine. He further alleges that ·he suffered·the resitlmil effects of his alleged injury for more than six months. I of5 Case 1:19-vv-00666-UNJ Document 38 Filed 08/13/21 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of ~ alleged condition. 6. Respondent den'ies that pefitioner sustained a STRV A Table injury; denies tlmt the Prevnarvaccine causedpetitioner's alleged shoulder injury, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury. 7. Maintaining their-above-stated positions, the parties nevertheless now agree that the issues between them shall' fie settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the teTIIIS of this ·Stipu)ation, and after petitioner has fded an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $35,500.00, in the form of a check payable to petitioner, which represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pmsuant to 42 U.S.C. § 300aa-2l(a)(I) and an application, the parties will submit to further proceedings before the spedal master-to-award reasonable attorneys' fees and costs incurred in proceeding upon ·this petition. 10. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance polic~s, Federal or State 2of5- Case 1:19-vv-00666-UNJ Document 38 Filed 08/13/21 Page 5 of 7 health benefits programs (other than Title XJX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide heakh services on a pre-pai:i basis. 11. Payment made .pur.suant to paragraph 8 :of .this Stipulation, and any amount. .awar.ded pursuant to paragraph 9, w,ill be made .in .accordance wjtb 42 U.S.C. § 300aa-15(i), subje.c! .to the availability of sufficient statutory funds. 12. The. parties aoo.t he.u:. attorneys. furthe.i:. agree. and.stq:wJate that, except.f or. any a.want for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be used solely for the benefit. of petitioner as contemplated by. a strict construction of 42 U .S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In.return for the payments described in paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors, or assigns, does forever irTevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all, actions or causes of action (including agreements,judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or W1Suspected personal injuries to or death of petitioner resulting from, or a'lleged to have resulted from the Prevnar vaccine administered on September 19, 2017, as aUeged in a Petition filed on May 6, 2019, in the United States Court of Federal Claims as petition No. 19-666V. 14. If petitioner should die prior to entry of judgment, Um' agreement shall be voidable 3.ofS Case 1:19-vv-00666-UNJ Document 38 Filed 08/13/21 Page 6 of 7 upon proper notice of the Court on behalf of either or both of the parties. 15. If the special master fa~ to issue a decision in complete conformity with the terms ofthis Stipulation or if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This ·Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the.National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or do any act or thing other than is herein expressly stated and clearly a~ed to. 'Fhe parties further agree and mtderstand that the award described in tlm Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipuiation sha:fl not ·be construed as an admission by the United States or the Secretary of Health and Human Services that the Prevnar vaccine caused petitioner's alleged shoulder injury, or any other injury. 18. All rights and obligations of petitioner shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULA TfON 4of5 Case 1:19-vv-00666-UNJ Document 38 Filed 08/13/21 Page 7 of 7 Respectfully submitted. PETITIONER: ATrORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE PETITIONER~ OF THE ATTORNEY GENERAL: ' ill~~ & ~ HEATHER L. PEARLMAN ffi c of Renee J. ve1ruo:.---- Deputy Director- 2020 Pennsylvania Ave .• N Torts Branch Washington, DC, 20006 Civil Division Ernail: renee@gentryesq.com U.S. Department of Justice Tel: (202) 505-6435 P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: ~~~,c~ Pa&- ~c-, ~ .t