VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00762 Package ID: USCOURTS-cofc-1_19-vv-00762 Petitioner: Mark Santia Filed: 2019-05-22 Decided: 2021-12-21 Vaccine: influenza Vaccination date: 2019-09-29 Condition: left-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Mark Santia filed a petition for compensation on May 22, 2019, alleging that the influenza vaccine he received on September 29, 2019, caused him to suffer a left-sided shoulder injury related to vaccine administration (SIRVA). He further alleged that the residual effects of this injury lasted for more than six months. Respondent denied that petitioner sustained a Table SIRVA within the timeframe set forth in the Table and denied that the flu vaccine caused or significantly aggravated his alleged shoulder injury or any other injury. Despite the denial, the parties filed a joint stipulation agreeing to compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Damages awarded in the stipulation included a lump sum payment of $30,000.00, representing compensation for all damages available under the law for injuries allegedly related to petitioner’s receipt of the flu vaccine. The decision was entered on December 21, 2021. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00762-0 Date issued/filed: 2022-01-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/22/2021) regarding 53 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (amb) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00762-UNJ Document 59 Filed 01/14/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * MARK SANTIA, * * No. 19-762V Petitioner, * Special Master Christian J. Moran * v. * * Filed: December 22, 2021 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine; * shoulder injury related to vaccine Respondent. * administration (“SIRVA”). * * * * * * * * * * * * * * * * * * * * * * * * * Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for petitioner; Ryan D. Pyles, United States Dep’t of Justice, Washington, DC, for respondent. UNPUBLISHED DECISION1 On December 21, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Mark Santia on May 22, 2019. Petitioner alleged that the influenza (“flu”) vaccine he received on September 29, 2019, which is contained in the Vaccine Injury Table (“Table”), 42 C.F.R. §100.3(a), caused him to suffer a left-sided 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. Respondent denies that petitioner sustained a Table SIRVA within the timeframe set forth in the Table and denies that the flu vaccine caused or significantly aggravated petitioner’s alleged shoulder injury or any other injury. 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-00762-UNJ Document 59 Filed 01/14/22 Page 2 of 7 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 $30,000.00 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) for injuries allegedly related to petitioner’s receipt of the flu vaccine. 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-00762-UNJ Document 59 Filed 01/14/22 Page 3 of 7 Case 1:19-vv-00762-UNJ Document 59 Filed 01/14/22 Page 4 of 7 Case 1:19-vv-00762-UNJ Document 59 Filed 01/14/22 Page 5 of 7 Case 1:19-vv-00762-UNJ Document 59 Filed 01/14/22 Page 6 of 7 Case 1:19-vv-00762-UNJ Document 59 Filed 01/14/22 Page 7 of 7