VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01995 Package ID: USCOURTS-cofc-1_19-vv-01995 Petitioner: Barry Fuller Filed: 2019-12-30 Decided: 2022-07-27 Vaccine: influenza Vaccination date: 2018-12-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Barry Fuller filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on December 3, 2018. He stated the vaccination occurred in the United States, his right shoulder injury lasted more than six months, and he had not received other compensation or filed a civil action for his injuries. Respondent denied that Mr. Fuller sustained a SIRVA Table injury or that the flu vaccine caused his injury. Despite the denial, the parties filed a joint stipulation on June 22, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mr. Fuller was awarded a lump sum of $15,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01995-0 Date issued/filed: 2022-07-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/22/2022) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01995-UNJ Document 38 Filed 07/27/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1995V UNPUBLISHED BARRY FULLER, Chief Special Master Corcoran Petitioner, Filed: June 22, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2019, Barry Fuller 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) after administration of the influenza (flu) vaccination on December 3, 2018. Petition at 1; Stipulation, filed at June 22, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, his right shoulder injury lasted more than six months, and that he has neither received compensation in the form of an award or settlement, nor has he has he ever filed a civil action for his vaccine-related injuries. Petition at 1, 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury, and denies that the flu vaccine caused [P]etitioner to suffer 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01995-UNJ Document 38 Filed 07/27/22 Page 2 of 7 Nevertheless, on June 22, 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 $15,000.00 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 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-01995-UNJ Document 38 Filed 07/27/22 Page 3 of 7 Case 1:19-vv-01995-UNJ Document 38 Filed 07/27/22 Page 4 of 7 Case 1:19-vv-01995-UNJ Document 38 Filed 07/27/22 Page 5 of 7 Case 1:19-vv-01995-UNJ Document 38 Filed 07/27/22 Page 6 of 7 Case 1:19-vv-01995-UNJ Document 38 Filed 07/27/22 Page 7 of 7