VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00896 Package ID: USCOURTS-cofc-1_19-vv-00896 Petitioner: Michael Ball Filed: 2020-12-18 Decided: 2021-02-08 Vaccine: influenza Vaccination date: 2017-10-27 Condition: left shoulder injury Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Michael Ball filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury causally related to the influenza vaccine he received on October 27, 2017. He stated that he received the vaccination in the United States, that he suffered the residual effects of his injury for more than six months, and that neither he nor any other party has filed a civil action or received an award for his injury. Respondent denied that Petitioner sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) Table injury within the Table time frame and denied that the flu immunization caused his alleged shoulder injury. Nevertheless, on December 18, 2020, the parties filed a joint stipulation for compensation. Chief Special Master Corcoran found the stipulation reasonable and awarded Michael Ball a lump sum of $80,000.00 in compensation for all items of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00896-0 Date issued/filed: 2021-02-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/18/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00896-UNJ Document 34 Filed 02/08/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0896V UNPUBLISHED MICHAEL BALL, Chief Special Master Corcoran Petitioner, Filed: December 18, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 19, 2019, Michael Ball 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 left shoulder injury causally related to the influenza vaccine he received on October 27, 2017. Petition at ¶¶ 2, 20; Stipulation, filed at Dec. 18, 2020, ¶¶ 1-2, 4. Petitioner further alleges that he received the vaccination in the United States, that he suffered the residual effects of his injury for more than six months, and that neither he nor any other party has filed a civil action or received an award for his injury, alleged as vaccine caused. Petition at ¶¶ 2, 21, 23-24; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a Shoulder Injury Related to Vaccine Administration Table injury, within the Table time frame, and denies that the flu immunization is the cause of [P]etitioner’s alleged shoulder injury, or any other injury or condition.” 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-00896-UNJ Document 34 Filed 02/08/21 Page 2 of 7 Nevertheless, on December 18, 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 $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 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-00896-UNJ Document 34 Filed 02/08/21 Page 3 of 7 Case 1:19-vv-00896-UNJ Document 34 Filed 02/08/21 Page 4 of 7 Case 1:19-vv-00896-UNJ Document 34 Filed 02/08/21 Page 5 of 7 Case 1:19-vv-00896-UNJ Document 34 Filed 02/08/21 Page 6 of 7 Case 1:19-vv-00896-UNJ Document 34 Filed 02/08/21 Page 7 of 7