VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01664
Package ID: USCOURTS-cofc-1_19-vv-01664
Petitioner: Kevin Carasiti
Filed: 2019-10-28
Decided: 2021-07-29
Vaccine: influenza
Vaccination date: 2017-11-15
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35731

AI-assisted case summary:
Kevin Carasiti filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2019. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 15, 2017. Mr. Carasiti further alleged that the vaccination was administered in the United States, that he experienced residual effects of the SIRVA for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that Mr. Carasiti suffered a SIRVA Table injury and denied that the flu vaccine caused his right shoulder injury or any other injury or his current condition. Despite these opposing positions, the parties filed a joint stipulation on June 29, 2021, agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Mr. Carasiti was awarded $35,731.66 in compensation, payable as a lump sum in the form of a check. This amount was intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on July 29, 2021. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Kevin Carasiti received an influenza vaccine on November 15, 2017, and alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused his shoulder injury and its residual effects for more than six months. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case, with the respondent denying liability. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $35,731.66 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation does not detail the specific mechanism of injury or name any experts. The award was a lump sum payment. The decision date was July 29, 2021. Petitioner's counsel was Bridget Candace McCullough, and respondent's counsel was Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01664-0
Date issued/filed: 2021-07-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/29/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01664-UNJ Document 34 Filed 07/29/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1664V
UNPUBLISHED
KEVIN CARASITI, Chief Special Master Corcoran
Petitioner, Filed: June 29, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu); Shoulder Injury Related to
Vaccine Administration (SIRVA)
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On October 28, 2019, Kevin Carasiti 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”) as a result of an Influenza (“flu”) vaccine administered on
November 15, 2017. Petition at 1; Stipulation, filed at June 29, 2021, ¶¶ 1-2. Petitioner
further alleges that the vaccine was administered within the United States, that he
suffered the residual effects of the SIRVA for more than six months, and that there has
been no prior award or settlement of a civil action for damages on his behalf as a result
of his condition. Petition at 1-4; Stipulation at ¶¶ 3-5. “Respondent denies that Petitioner
suffered a SIRVA Table injury, and denies that the flu vaccine caused Petitioner to suffer
from a right shoulder injury or any other injury or his current 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-01664-UNJ Document 34 Filed 07/29/21 Page 2 of 7
Nevertheless, on June 29, 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 $35,731.66 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-01664-UNJ Document 34 Filed 07/29/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KEVIN CARASITI, )
)
Petitioner, )
) No. 19-1664V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipu1ate to the following matters:
1. Kevin Carasiti, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the ''Vaccine Program'').
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
influenza (''flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the '"fable''),
42 C.F.R § 100.3 (a).
2. Petitioner received the flu vaccine on November 15, 2017.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he sustained a right shoulder iajury related to vaccine
administration (''SIRVA") within the time period set forth in the Table, or in the alternative, that
his alleged shoulder injury was caused by the vaccine. He further alleges that he experienced the
residual effects of his alleged injury for rrore than six rronths.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a resuh of his condition.

Case 1:19-vv-01664-UNJ Document 34 Filed 07/29/21 Page 4 of 7
6. Respondent denies that petitioner suflered a SIRVA Table injury, and denies that the
flu vaccine caused petitioner to sufler from a right shoulder injury or any other iqjury or his
cmrent condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Hwnan Services will issue
the following vaccine compensation pa)'lll:nt:
A lump swn of$35,731.66 in the form of a check payable to petitioner. This
amcnmt represents compensation for all damages that would be available mder 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to finther proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any ite~ or services for which the Program is not primarily liable
mder 42 U.S.C. § 300aa-15(g), to the extent that pa)'lll:nt bas been made or can reasonably be
expected to be made mder any State compensation progr~, insurance policies, Federal or
State health benefits progra~ (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:19-vv-01664-UNJ Document 34 Filed 07/29/21 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(0, subject to the availability of sufficient statutory fimds.
12. 1be parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Heahh and Human Services from any and all actions or causes of action
(including agreements, judgmmts, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account o~ or in any way growing out o~ any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resuhing
from, or alleged to have resuhed from, the flu vaccination administered on November 15, 2017,
as alleged by petitioner in a petition for vaccine compensation filed on or about October 28,
2019, in the United States Court of Federal Claims as petition No. 19-1664V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:19-vv-01664-UNJ Document 34 Filed 07/29/21 Page 6 of 7
15. If the special master fails to issue a decision in conwlete confonnity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confunnity with a
decision that is in conwlete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and conwlete negotiated settlement of liability and
damages claimed W1der the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absohrtely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a conwromise of the parties' respective positions as to liability and/or
ammnt of damages, and further, that a change in the nature of the injury or condition or in the
items of conwensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Heahh and Human Services that the flu vaccine caused petitioner to have a right
shoulder injury or any other injury or his ctrrrent condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-01664-UNJ Document 34 Filed 07/29/21 Page 7 of 7
Respectfully s~d,
PETITIONER:
~~~r
ATTORNEY OF RECORD FOR AU1HORIZED REPRESENTATIVE
PE ONER: OF THE ATTORNEY GENERAL:
. JA-e~~p('~
HEATHER L. PEARLMAN
r ~ Deputy Director
715 Twining Road Torts Branch, Civil Di:vi<;ion
Dresher. PA 19025 U.S. Department of Justice
P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AU1HORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
H
TI,-t
~ 11---{ CU)
6-t-t ~ LP('~
TAMARA OVERBY CHRISTINE M. BECER
Acting Director, Di:vi<;ion oflnjury Trial Attorney
Col11'ensation Program; Torts Branch, Civil Di:vi<;ion
Healthcare System; Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 616-3665
5600 Fishers Lane, 08N 146B christine.m.becer@usdoj.gov
Rockville, MD 20857
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Dated:
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