VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01693 Package ID: USCOURTS-cofc-1_20-vv-01693 Petitioner: Reginald Holmes Filed: 2020-11-25 Decided: 2023-01-26 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2018-11-05 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 17500 AI-assisted case summary: On November 25, 2020, Reginald Holmes filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Holmes alleged that he sustained a left shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate vaccination he received on November 5, 2018. He stated that the vaccination occurred in the United States, his symptoms persisted for more than six months, and he had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, denied that Mr. Holmes sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury. Despite these denials, the parties filed a joint stipulation on December 22, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Mr. Holmes was awarded a lump sum of $17,500.00, payable by check, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Theory of causation field: Petitioner Reginald Holmes alleged a left shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine on November 5, 2018. The respondent denied a Table injury or causation. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $17,500.00. The public text does not specify the mechanism of injury, expert testimony, or detailed medical evidence. The case was resolved via stipulation, not litigation on the merits of causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01693-0 Date issued/filed: 2023-01-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/27/2022) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01693-UNJ Document 27 Filed 01/26/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1693V UNPUBLISHED REGINALD HOLMES, Chief Special Master Corcoran Petitioner, Filed: December 27, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 25, 2020, Reginald Holmes 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), resulting from the pneumococcal conjugate vaccination he received on November 5, 2018. Petition at 1; Stipulation, filed at December 22, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, his left shoulder symptoms persisted for more than six months, and neither he, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for his vaccine-related injury. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the Prevnar 13 vaccine caused [P]etitioner’s alleged shoulder injury, and further denies that the Prevnar 13 vaccine caused [P]etitioner to suffer from any other injury or his current condition.” 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-01693-UNJ Document 27 Filed 01/26/23 Page 2 of 7 Nevertheless, on December 22, 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 $17,500.00 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-01693-UNJ Document 27 Filed 01/26/23 Page 3 of 7 Case 1:20-vv-01693-UNJ Document 27 Filed 01/26/23 Page 4 of 7 Case 1:20-vv-01693-UNJ Document 27 Filed 01/26/23 Page 5 of 7 Case 1:20-vv-01693-UNJ Document 27 Filed 01/26/23 Page 6 of 7 Case 1:20-vv-01693-UNJ Document 27 Filed 01/26/23 Page 7 of 7