VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01964 Package ID: USCOURTS-cofc-1_20-vv-01964 Petitioner: Andrew Newell Filed: 2020-09-22 Decided: 2022-11-03 Vaccine: influenza Vaccination date: 2019-11-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 57000 AI-assisted case summary: Andrew Newell filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on November 11, 2019. He stated the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for this condition. Respondent denied that Mr. Newell sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the flu vaccine, and denied that the vaccine caused any other injury. Despite these denials, the parties filed a joint stipulation on September 20, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision. He awarded Mr. Newell a lump sum of $57,000.00 as compensation for all items of damages available under Section 15(a). Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01964-0 Date issued/filed: 2022-11-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/22/2022) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01964-UNJ Document 37 Filed 11/03/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1964V UNPUBLISHED ANDREW NEWELL, Chief Special Master Corcoran Petitioner, Filed: September 22, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 23, 2020, Andrew Newell 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”) as a result of an influenza (“flu”) vaccine that was administered to him on November 11, 2019. Petition at 1; Stipulation, filed on September 20, 2022, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he experienced the residual effects of his injury 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 alleged condition. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table Injury, denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner 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-01964-UNJ Document 37 Filed 11/03/22 Page 2 of 7 Nevertheless, on September 20, 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 $57,000.00 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-01964-UNJ Document 37 Filed 11/03/22 Page 3 of 7 Case 1:20-vv-01964-UNJ Document 37 Filed 11/03/22 Page 4 of 7 Case 1:20-vv-01964-UNJ Document 37 Filed 11/03/22 Page 5 of 7 Case 1:20-vv-01964-UNJ Document 37 Filed 11/03/22 Page 6 of 7 Case 1:20-vv-01964-UNJ Document 37 Filed 11/03/22 Page 7 of 7