VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01860 Package ID: USCOURTS-cofc-1_20-vv-01860 Petitioner: Jared Stern Filed: 2023-01-09 Decided: 2023-02-10 Vaccine: influenza Vaccination date: 2018-10-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Jared Stern filed a petition for compensation under the National Vaccine Injury Compensation Program on January 9, 2023, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 21, 2018. He stated that the vaccine was administered in the United States, that his condition had residual effects for more than six months, and that he had not received any prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner’s alleged injury or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on January 3, 2023, agreeing that compensation should be awarded. The Special Master found the stipulation reasonable and adopted it as the decision awarding damages. Jared Stern was awarded a lump sum of $30,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01860-0 Date issued/filed: 2023-02-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/09/2023) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01860-UNJ Document 38 Filed 02/10/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1860V UNPUBLISHED JARED STERN, Chief Special Master Corcoran Petitioner, Filed: January 9, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 15, 2020, Jared Stern 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 an influenza (“flu”) vaccine administered on October 21, 2018. Petition at 1; Stipulation, filed at January 3, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, that he experienced the residual effects of his condition 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 condition. Petition at 3-4; Stipulation at ¶¶ 2-5. Respondent denies that the flu vaccine caused Petitioner’s alleged injury, or any other injury, and further denies that Petitioner’s current disabilities are sequelae 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-01860-UNJ Document 38 Filed 02/10/23 Page 2 of 7 Nevertheless, on January 3, 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 $30,000.00 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-01860-UNJ Document 38 Filed 02/10/23 Page 3 of 7 Case 1:20-vv-01860-UNJ Document 38 Filed 02/10/23 Page 4 of 7 Case 1:20-vv-01860-UNJ Document 38 Filed 02/10/23 Page 5 of 7 Case 1:20-vv-01860-UNJ Document 38 Filed 02/10/23 Page 6 of 7 Case 1:20-vv-01860-UNJ Document 38 Filed 02/10/23 Page 7 of 7