VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01429
Package ID: USCOURTS-cofc-1_19-vv-01429
Petitioner: C.P.
Filed: 2019-09-18
Decided: 2023-01-13
Vaccine: influenza
Vaccination date: 2016-11-23
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 152500

AI-assisted case summary:
C.P., a Doctor of Osteopathic Medicine, filed a petition on September 18, 2019, under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2016. Petitioner claimed SIRVA as a Table Injury and that the vaccine caused his condition. Respondent denied that Petitioner sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the flu vaccine, and denied that the vaccine caused any other injury. The public decision does not describe the onset of symptoms, specific clinical findings, diagnostic tests, or treatments. Despite the denials, the parties filed a joint stipulation on June 28, 2022, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Petitioner was awarded a lump sum of $152,500.00, payable by check to Petitioner, representing compensation for all items of damages. The decision was issued on January 13, 2023, with Petitioner's name redacted to initials only.

Theory of causation field:
Petitioner C.P. alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2016. SIRVA is a condition listed in the Vaccine Injury Table. Respondent denied that Petitioner sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused any other injury or Petitioner's current condition. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Petitioner $152,500.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01429-1
Date issued/filed: 2023-01-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/28/2022) regarding 56 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:19-vv-01429-UNJ Document 69 Filed 01/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1429V
UNPUBLISHED
C.P., Chief Special Master Corcoran
Petitioner, Filed: June 28, 2022
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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 18, 2019, C.P., D.O., 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”), a defined Table Injury, after receiving the influenza (“flu”)
vaccine on November 23, 2016. Petition at 1, ¶¶ 2; Stipulation, filed at June 28, 2022, ¶¶
1-2, 4. Petitioner further alleges that he received the vaccine in the United States, that he
suffered the residual effects of his SIRVA injury for more than six months, and that neither
he nor any other person has filed a civil action or received compensation for his SIRVA
injury. Petition at ¶¶ 29-31; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained a SIRVA Table Injury; denies that [P]etitioner’s alleged shoulder injury was
caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner any
other injury or his current condition.” Stipulation at ¶ 6.
1 When this Decision was originally filed, I advised my intent 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). In
accordance with Vaccine Rule 18(b), Petitioner filed a timely motion to redact certain information.
This Decision is being posted with Petitioner’s name redacted to reflect initials only. Except for
those changes and this footnote, no other substantive changes have been made. This Decision
will be posted on the court’s website with no further opportunity to move for redaction.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01429-UNJ Document 69 Filed 01/13/23 Page 2 of 2
Nevertheless, on June 28, 2022, 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 $152,500.00 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 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