VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00898 Package ID: USCOURTS-cofc-1_19-vv-00898 Petitioner: Anthony Stefano Filed: 2019-06-19 Decided: 2021-01-12 Vaccine: influenza Vaccination date: 2017-10-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Anthony Stefano filed his petition on June 19, 2019, alleging that an influenza vaccination administered on October 22, 2017 caused a shoulder injury related to vaccine administration. The petition asserted a Table SIRVA claim and alleged that Stefano experienced residual effects for more than six months. He was represented by Lisa Annette Roquemore. Respondent disputed the claim in the parties' stipulation. Respondent denied that Stefano suffered a Table SIRVA, denied that the influenza vaccine caused his shoulder injury, denied that the vaccine caused any other injury, and denied that any current condition was vaccine caused. The case did not proceed to a published entitlement analysis; instead, the parties filed a stipulation resolving compensation. The public stipulation does not describe Stefano's clinical course in detail. It does not say when his first shoulder pain began, how severe it was, what medical examinations showed, whether imaging or injections were performed, whether he underwent physical therapy, or how the injury affected work or daily life. Those missing details matter to the human story, but they are not contained in the public staged decision. The available record shows a disputed SIRVA claim arising from the October 22, 2017 flu shot and a negotiated resolution without respondent admitting causation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. On January 12, 2021, he adopted it as the decision awarding compensation and directed entry of judgment. Stefano received $80,000.00 as a lump sum for all damages available under the Vaccine Act. Theory of causation field: Influenza vaccine on October 22, 2017 allegedly causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED by stipulation. Respondent denied Table SIRVA, vaccine causation, any other vaccine-caused injury, and any current vaccine-caused condition. Public stipulation provides no onset interval, clinical timeline, examination findings, imaging, injections, therapy, experts, or biological mechanism. Decision: Chief Special Master Brian H. Corcoran, January 12, 2021. Award $80,000.00 lump sum to petitioner for all damages. Petition filed June 19, 2019. Attorney: Lisa Annette Roquemore. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00898-0 Date issued/filed: 2021-02-26 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 01/12/2021) regarding 40 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00898-UNJ Document 49 Filed 02/26/21 Page 1 of 8 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0898V UNPUBLISHED ANTHONY STEFANO, Chief Special Master Corcoran Petitioner, Filed: January 12, 2021 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) Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA, for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 19, 2019, Anthony Stefano 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 shoulder injury related to vaccine administration (“SIRVA”) which meets the definition for a Table SIRVA Injury after receiving the influenza vaccine on October 22, 2017. Petition at 4; Stipulation, filed at Jan. 12, 2021, ¶¶ 1-2, 4. Petitioner further alleges 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. Petition at 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other 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-00898-UNJ Document 49 Filed 02/26/21 Page 2 of 8 Nevertheless, on January 12, 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 $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 CCaassee 11::1199--vvvv--0000889988--UUNNJJ DDooccuummeenntt 3499 FFiilleedd 0012//1226//2211 PPaaggee 13 ooff 68 CCaassee 11::1199--vvvv--0000889988--UUNNJJ DDooccuummeenntt 3499 FFiilleedd 0012//1226//2211 PPaaggee 24 ooff 68 CCaassee 11::1199--vvvv--0000889988--UUNNJJ DDooccuummeenntt 3499 FFiilleedd 0012//1226//2211 PPaaggee 35 ooff 68 CCaassee 11::1199--vvvv--0000889988--UUNNJJ DDooccuummeenntt 3499 FFiilleedd 0012//1226//2211 PPaaggee 46 ooff 68 CCaassee 11::1199--vvvv--0000889988--UUNNJJ DDooccuummeenntt 3499 FFiilleedd 0012//1226//2211 PPaaggee 57 ooff 68 CCaassee 11::1199--vvvv--0000889988--UUNNJJ DDooccuummeenntt 3499 FFiilleedd 0012//1226//2211 PPaaggee 68 ooff 68