VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00592 Package ID: USCOURTS-cofc-1_20-vv-00592 Petitioner: Jeremy Pavey Filed: 2020-05-12 Decided: 2022-08-24 Vaccine: influenza Vaccination date: 2019-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: On May 12, 2020, Jeremy Pavey filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Pavey alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 15, 2019. He stated that the vaccine was received in the United States, that he experienced residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action for damages related to his condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Pavey's alleged left shoulder injury or any other injury, and denied that Mr. Pavey sustained a Table Injury. Despite the respondent's denial, on July 19, 2022, the parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. As a result, Chief Special Master Corcoran awarded Jeremy Pavey a lump sum of $100,000.00, payable to the Petitioner, as compensation for all items of damages. The decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Petitioner was represented by James Kuang Lo of The Lo Law Firm, and Respondent was represented by Terrence Kevin Mangan, Jr. of the U.S. Department of Justice. Theory of causation field: Petitioner Jeremy Pavey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 15, 2019. Respondent denied causation and that the injury was a Table Injury. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $100,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that Respondent denied causation. The award was based on a joint stipulation, not a finding of causation after litigation. Petitioner's counsel was James Kuang Lo, and Respondent's counsel was Terrence Kevin Mangan, Jr. The decision was issued on August 24, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00592-0 Date issued/filed: 2022-08-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/21/2022) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00592-UNJ Document 43 Filed 08/24/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0592V UNPUBLISHED JEREMY PAVEY, Chief Special Master Corcoran Petitioner, Filed: July 21, 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) James Kuang Lo, The Lo Law Firm, Newport Beach, CA, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 12, 2020, Jeremy Pavey 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 that was administered to him on October 15, 2019. Petition at 1; Stipulation, filed at July 19, 2022, ¶¶ 2, 5. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of his alleged condition. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused [P]etitioner to suffer a left shoulder injury or any other injury, and denies that [P]etitioner sustained a Table Injury.” 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 1:20-vv-00592-UNJ Document 43 Filed 08/24/22 Page 2 of 7 Nevertheless, on July 19, 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 $100,000.00 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-00592-UNJ Document 43 Filed 08/24/22 Page 3 of 7 Case 1:20-vv-00592-UNJ Document 43 Filed 08/24/22 Page 4 of 7 Case 1:20-vv-00592-UNJ Document 43 Filed 08/24/22 Page 5 of 7 Case 1:20-vv-00592-UNJ Document 43 Filed 08/24/22 Page 6 of 7 Case 1:20-vv-00592-UNJ Document 43 Filed 08/24/22 Page 7 of 7