VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01835 Package ID: USCOURTS-cofc-1_20-vv-01835 Petitioner: Will Faust Filed: 2023-03-14 Decided: 2023-04-17 Vaccine: influenza Vaccination date: 2019-11-27 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 17500 AI-assisted case summary: Will Faust filed a petition for compensation under the National Vaccine Injury Compensation Program on March 14, 2023, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 27, 2019. He stated the vaccine was administered in the United States, the condition persisted for more than six months, and he had not received a prior award or settlement for this injury. Respondent denied that Mr. Faust sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injury, and denied that the flu vaccine caused any other injury or his current condition. Despite the denial, the parties filed a joint stipulation on March 14, 2023, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mr. Faust was awarded a lump sum of $17,500.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01835-0 Date issued/filed: 2023-04-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/14/2023) regarding 36 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01835-UNJ Document 40 Filed 04/17/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1835V UNPUBLISHED WILL FAUST, Chief Special Master Corcoran Petitioner, Filed: March 14, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) 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 December 11, 2020, Will Faust 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”) as a result of an influenza (“flu”) vaccine received on November 27, 2019. Petition at 1; Stipulation, filed March 14, 2023, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, he experienced the residual effects of his condition for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of his condition. Petition at ¶¶ 2, 8-10; Stipulation at ¶¶ 3-5; Ex. 1 at 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, and further denies that the flu vaccine caused petitioner 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-01835-UNJ Document 40 Filed 04/17/23 Page 2 of 7 Nevertheless, on March 14, 2023, 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-01835-UNJ Document 40 Filed 04/17/23 Page 3 of 7 Case 1:20-vv-01835-UNJ Document 40 Filed 04/17/23 Page 4 of 7 Case 1:20-vv-01835-UNJ Document 40 Filed 04/17/23 Page 5 of 7 Case 1:20-vv-01835-UNJ Document 40 Filed 04/17/23 Page 6 of 7 Case 1:20-vv-01835-UNJ Document 40 Filed 04/17/23 Page 7 of 7