VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01191 Package ID: USCOURTS-cofc-1_20-vv-01191 Petitioner: Kenneth Heron Filed: 2020-09-14 Decided: 2022-08-23 Vaccine: influenza Vaccination date: 2019-03-01 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 47500 AI-assisted case summary: Kenneth Heron filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2020. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on March 3, 2019. Mr. Heron stated that the vaccine was administered in the United States, his symptoms persisted for more than six months, and he had not received any prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Mr. Heron sustained a SIRVA Table injury, denied that the vaccine caused his shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on July 21, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mr. Heron was awarded a lump sum of $47,500.00, which represents compensation for all items of damages available under the program. This decision was entered on August 23, 2022. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01191-0 Date issued/filed: 2022-08-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/21/2022) regarding 39 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01191-UNJ Document 40 Filed 08/23/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1191V UNPUBLISHED KENNETH HERON, Chief Special Master Corcoran Petitioner, Filed: July 21, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Sean Frank Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 14, 2020, Kenneth Heron 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 resulting from a March 3, 2019 influenza vaccine. Petition at 1; Stipulation, filed July 21, 2022, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, his symptoms continued for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury. Petition at ¶¶ 3, 21, 24-25; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury or any other injury; and denies that his current condition is a sequela of a vaccine-related 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-01191-UNJ Document 40 Filed 08/23/22 Page 2 of 7 Nevertheless, on July 21, 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 $47,500.00 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-01191-UNJ Document 40 Filed 08/23/22 Page 3 of 7 Case 1:20-vv-01191-UNJ Document 40 Filed 08/23/22 Page 4 of 7 Case 1:20-vv-01191-UNJ Document 40 Filed 08/23/22 Page 5 of 7 Case 1:20-vv-01191-UNJ Document 40 Filed 08/23/22 Page 6 of 7 Case 1:20-vv-01191-UNJ Document 40 Filed 08/23/22 Page 7 of 7