VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01980 Package ID: USCOURTS-cofc-1_19-vv-01980 Petitioner: Joseph Rubino Filed: 2019-12-30 Decided: 2022-01-04 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2018-10-31 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30575 AI-assisted case summary: Joseph Rubino filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019. He alleged that he received a pneumococcal conjugate vaccine on October 31, 2018, and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA) that lasted for more than six months. The respondent denied that Mr. Rubino sustained a SIRVA injury within the Table time period and denied that the vaccine caused his alleged injury. Despite these denials, the parties filed a joint stipulation on November 23, 2021, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Mr. Rubino was awarded a lump sum of $30,575.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on January 4, 2022. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Dhairya Divyakant Jani of the U.S. Department of Justice. Theory of causation field: Petitioner Joseph Rubino alleged a right shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine received on October 31, 2018, with injuries lasting over six months. Respondent denied a SIRVA injury within the Table time period and denied vaccine causation. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as the decision. The stipulation resulted in a lump sum award of $30,575.00 for all damages under Section 15(a). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the parties stipulated to an award. The decision date was January 4, 2022. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Dhairya Divyakant Jani. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01980-0 Date issued/filed: 2022-01-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/24/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01980-UNJ Document 35 Filed 01/04/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1980V UNPUBLISHED JOSEPH RUBINO, Chief Special Master Corcoran Petitioner, Filed: November 24, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2019, Joseph Rubino 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of a pneumococcal conjugate vaccine he received on October 31, 2018. Petition at Preamble; Stipulation, filed at November 23, 2021, ¶ 4. Petitioner further alleges that his injuries lasted for more than six months. Petition at 4; Stipulation at ¶4. Respondent denies that petitioner sustained a SIRVA injury within the Table time period, and further denies that the pneumococcal conjugate vaccine caused petitioner to suffer a right shoulder injury or any other injury or his current condition. ” Stipulation at ¶ 6. Nevertheless, on November 23, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01980-UNJ Document 35 Filed 01/04/22 Page 2 of 7 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 $30,575.00, 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-01980-UNJ Document 35 Filed 01/04/22 Page 3 of 7 Case 1:19-vv-01980-UNJ Document 35 Filed 01/04/22 Page 4 of 7 Case 1:19-vv-01980-UNJ Document 35 Filed 01/04/22 Page 5 of 7 Case 1:19-vv-01980-UNJ Document 35 Filed 01/04/22 Page 6 of 7 Case 1:19-vv-01980-UNJ Document 35 Filed 01/04/22 Page 7 of 7