VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00923 Package ID: USCOURTS-cofc-1_20-vv-00923 Petitioner: Eric Nowak Filed: 2020-07-29 Decided: 2024-08-23 Vaccine: Tdap Vaccination date: 2019-01-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 33000 AI-assisted case summary: Eric Nowak filed a petition on July 29, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination received on January 29, 2019. The respondent, the Secretary of Health and Human Services, denied that Mr. Nowak sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these positions, both parties entered into a joint stipulation on July 12, 2024, agreeing to settle the case and recommending an award of compensation. Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable, adopting it as her decision. The stipulation awarded Eric Nowak a lump sum of $33,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The Special Master approved this award, and the Clerk was directed to enter judgment accordingly, unless a motion for review was filed. Leigh Finfer of Muller Brazil, LLP, represented the petitioner, and Joseph Adam Lewis of the U.S. Department of Justice represented the respondent. The decision was issued on August 23, 2024. Theory of causation field: Petitioner Eric Nowak alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on January 29, 2019. Respondent denied a SIRVA Table injury, causation, and sequela. The parties stipulated to settle, and Special Master Katherine E. Oler adopted the stipulation. The award was $33,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice. The decision was issued on August 23, 2024, based on a stipulation filed July 12, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00923-0 Date issued/filed: 2024-08-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/12/2024) regarding 61 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (saj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00923-UNJ Document 68 Filed 08/23/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-923 * * * * * * * * * * * * * * * * * * * * * * * * * * * * ERIC NOWAK, UNPUBLISHED * * Petitioner, * Filed: July 12, 2024 * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On July 29, 2020, Eric Nowak (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges he suffered from a shoulder injury related to vaccine administration (hereinafter “SIRVA”) as a result of the tetanus, diphtheria, and acellular pertussis (hereinafter “Tdap”) vaccination he received on January 29, 2019. See Stipulation ¶ 2, dated July 12, 2024 (ECF No. 60); see also Petition. Respondent denies “that petitioner sustained a SIRVA Table injury; denies that the vaccine 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:20-vv-00923-UNJ Document 68 Filed 08/23/24 Page 2 of 2 caused petitioner's alleged shoulder injury or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed on July 12, 2024, that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.3 The stipulation awards: a lump sum of $33,000.00 in the form of a check payable to petitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.4 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Petitioner electronically signed the stipulation using VineSign. Pursuant to OSM policy as of December 6, 2023, the last page of the stipulation containing Petitioner’s email address, phone number, and IP address has been removed prior to filing to avoid unnecessary disclosure of Petitioner’s personal information. 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.