VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01019 Package ID: USCOURTS-cofc-1_20-vv-01019 Petitioner: George Luhrmann Filed: 2020-08-14 Decided: 2023-02-07 Vaccine: influenza Vaccination date: 2017-09-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 22723 AI-assisted case summary: George Luhrmann filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on September 2, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) and experienced residual effects for more than six months. The respondent denied that Mr. Luhrmann sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite the initial denial, the parties filed a joint stipulation on December 29, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mr. Luhrmann was awarded a lump sum of $22,723.37, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award was made as a check payable to Mr. Luhrmann. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01019-0 Date issued/filed: 2023-02-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/29/2022) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01019-UNJ Document 46 Filed 02/07/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1019V UNPUBLISHED GEORGE LUHRMANN, Chief Special Master Corcoran Petitioner, v. Filed: December 29, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA). Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 14, 2020, George Luhrmann 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 received the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on September 2, 2017. Petitioner alleges that he subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”). He further alleges that he experienced the residual effects of this alleged injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. 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-01019-UNJ Document 46 Filed 02/07/23 Page 2 of 7 Nevertheless, on December 29, 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 $22,723.37 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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-01019-UNJ Document 46 Filed 02/07/23 Page 3 of 7 Case 1:20-vv-01019-UNJ Document 46 Filed 02/07/23 Page 4 of 7 Case 1:20-vv-01019-UNJ Document 46 Filed 02/07/23 Page 5 of 7 Case 1:20-vv-01019-UNJ Document 46 Filed 02/07/23 Page 6 of 7 Case 1:20-vv-01019-UNJ Document 46 Filed 02/07/23 Page 7 of 7