VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01066 Package ID: USCOURTS-cofc-1_19-vv-01066 Petitioner: Eric Scott Filed: 2021-02-09 Decided: 2021-03-11 Vaccine: influenza Vaccination date: 2018-10-13 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Eric Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on February 9, 2021, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on October 13, 2018. He further alleged that his injuries lasted more than six months after the vaccination and subsequent surgery. Respondent denied that Mr. Scott sustained a Table SIRVA within the Table timeframe and denied that the flu vaccine caused his injury. Nevertheless, the parties filed a joint stipulation on February 9, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, Mr. Scott was awarded a lump sum of $65,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The clerk of the court was directed to enter judgment in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01066-0 Date issued/filed: 2021-03-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/09/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01066-UNJ Document 39 Filed 03/11/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1066V UNPUBLISHED ERIC SCOTT, Chief Special Master Corcoran Petitioner, Filed: February 9, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 23, 2019, Eric Scott 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 related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to him on October 13, 2018. Petition at 1, 5; Stipulation, filed at February 9, 2021, ¶¶ 2, 4. Petitioner further alleges that his vaccine related injuries have lasted more than six months after the administration of the vaccine and surgery. Petition at 5; Stipulation at ¶4. “Respondent denies that petitioner sustained a Table SIRVA within the Table timeframe, and denies that the flu vaccine in fact caused his alleged left shoulder injury and residual effects, or any other injury.” Stipulation at ¶ 6. Nevertheless, on February 9, 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. 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-01066-UNJ Document 39 Filed 03/11/21 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $65,000.00, 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-01066-UNJ Document 39 Filed 03/11/21 Page 3 of 7 Case 1:19-vv-01066-UNJ Document 39 Filed 03/11/21 Page 4 of 7 Case 1:19-vv-01066-UNJ Document 39 Filed 03/11/21 Page 5 of 7 Case 1:19-vv-01066-UNJ Document 39 Filed 03/11/21 Page 6 of 7 Case 1:19-vv-01066-UNJ Document 39 Filed 03/11/21 Page 7 of 7