VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00408 Package ID: USCOURTS-cofc-1_20-vv-00408 Petitioner: William Newman Filed: 2020-04-09 Decided: 2022-09-09 Vaccine: influenza Vaccination date: 2018-10-23 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: William Newman filed a petition on April 9, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he received an influenza vaccine on October 23, 2018, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent denied that Mr. Newman sustained a Table injury for SIRVA or that the flu vaccine caused his injury. Despite these denials, on August 5, 2022, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Mr. Newman was awarded a lump sum of $50,000.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The award represents compensation for his alleged SIRVA injury. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice. Theory of causation field: Petitioner William Newman alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 23, 2018, with residual effects lasting over six months. Respondent denied a Table injury for SIRVA and causation. The parties filed a joint stipulation on August 5, 2022, agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it. The decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Mr. Newman was awarded a lump sum of $50,000.00 as compensation for all damages under Section 15(a) of the Vaccine Act. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Catherine Elizabeth Stolar. The decision date was September 9, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00408-0 Date issued/filed: 2022-09-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/08/2022) regarding 53 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00408-UNJ Document 57 Filed 09/09/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0408V UNPUBLISHED WILLIAM NEWMAN, Chief Special Master Corcoran Petitioner, Filed: August 8, 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. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 9, 2020, William Newman 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 he received on October 23, 2018. Petition at 1; Stipulation, filed at August 5, 2022, ¶¶ 1-4. Petitioner further alleges that he suffered the residual effects of his injury for more than six months. Petition at ¶14; Stipulation at ¶ 4. Respondent denies “that petitioner sustained a Table injury for SIRVA, and denies that the flu vaccine caused petitioner to suffer a left shoulder injury or any other injury. ” Stipulation at ¶ 6. Nevertheless, on August 5, 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. 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 1:20-vv-00408-UNJ Document 57 Filed 09/09/22 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $50,000.00, 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 1:20-vv-00408-UNJ Document 57 Filed 09/09/22 Page 3 of 7 Case 1:20-vv-00408-UNJ Document 57 Filed 09/09/22 Page 4 of 7 Case 1:20-vv-00408-UNJ Document 57 Filed 09/09/22 Page 5 of 7 Case 1:20-vv-00408-UNJ Document 57 Filed 09/09/22 Page 6 of 7 Case 1:20-vv-00408-UNJ Document 57 Filed 09/09/22 Page 7 of 7