VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01796 Package ID: USCOURTS-cofc-1_20-vv-01796 Petitioner: Jason Loos Filed: 2020-12-08 Decided: 2022-12-19 Vaccine: Tdap Vaccination date: 2019-06-04 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Jason Loos filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus and diphtheria vaccine administered on June 4, 2019. Petitioner stated the vaccine was administered in the United States, that he suffered 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 on his behalf. Respondent denied that Petitioner met the six-month severity requirement for a Table SIRVA injury and denied that the vaccine caused Petitioner's alleged left shoulder injury or any other injury or current condition. On November 14, 2022, the parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded Jason Loos $50,000.00 as compensation for all items of damages, to be paid as a lump sum via check. Petitioner's counsel was Daniel J. Bellig of Farrish Johnson Law Office, and Respondent's counsel was Mark Kim Hellie of the U.S. Department of Justice. The decision was filed on December 19, 2022. Theory of causation field: Petitioner Jason Loos alleged a shoulder injury related to vaccine administration (SIRVA) following a tetanus and diphtheria vaccine on June 4, 2019. Respondent denied the six-month severity requirement for a Table SIRVA injury and denied causation. The parties filed a joint stipulation for compensation on November 14, 2022. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Petitioner $50,000.00 as compensation for all items of damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the alleged SIRVA and the denial of the six-month severity requirement by the Respondent. The award was a lump sum of $50,000.00. The decision date was December 19, 2022. Petitioner's counsel was Daniel J. Bellig, and Respondent's counsel was Mark Kim Hellie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01796-0 Date issued/filed: 2022-12-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/16/2022) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01796-UNJ Document 48 Filed 12/19/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1796V UNPUBLISHED JASON LOOS, Chief Special Master Corcoran Petitioner, Filed: November 16, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Daniel J. Bellig, Farrish Johnson Law Office, Mankato, MN, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 8, 2020, Jason Loos 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”) caused by a tetanus and diphtheria vaccine administered on June 4, 2019. Petition at 1; Stipulation, filed at November 14, 2022, ¶¶ 1-4. Petitioner further alleges the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injuries. Petition at 1-2; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner satisfied the six-month severity requirement for a Table SIRVA injury and futher denies that the tetanus and diphtheria vaccine caused Petitioner’s alleged left shoulder injury, 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-01796-UNJ Document 48 Filed 12/19/22 Page 2 of 7 Nevertheless, on November 14, 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 $50,000.00 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-01796-UNJ Document 48 Filed 12/19/22 Page 3 of 7 Case 1:20-vv-01796-UNJ Document 48 Filed 12/19/22 Page 4 of 7 Case 1:20-vv-01796-UNJ Document 48 Filed 12/19/22 Page 5 of 7 Case 1:20-vv-01796-UNJ Document 48 Filed 12/19/22 Page 6 of 7 Case 1:20-vv-01796-UNJ Document 48 Filed 12/19/22 Page 7 of 7