VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00145 Package ID: USCOURTS-cofc-1_21-vv-00145 Petitioner: Daniel Swadis Filed: 2021-01-06 Decided: 2023-01-18 Vaccine: influenza Vaccination date: 2019-10-22 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Daniel Swadis filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 22, 2019. He stated that he received the vaccine within the United States, that his injury caused residual effects for more than six months, and that no civil action or prior compensation had been sought for his injury. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on December 16, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision awarding damages. Daniel Swadis was awarded a lump sum of $80,000.00, 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_21-vv-00145-0 Date issued/filed: 2023-01-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/16/2022) regarding 40 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00145-UNJ Document 44 Filed 01/18/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0145V UNPUBLISHED DANIEL SWADIS, Chief Special Master Corcoran Petitioner, Filed: December 16, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 6, 2021, Daniel Swadis 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”), a defined Table Injury, after receiving an influenza (“flu”) vaccine on October 22, 2019. Petition at 1, ¶ 2; Stipulation, filed at Dec. 16, 2022, ¶¶ 1- 2, 4. Petitioner further alleges he received the vaccine within the United States, that he suffered the residual effects of his alleged SIRVA injury for more than six months, and that neither he nor any other individual has filed a civil action or received compensation for his injury. Petition at ¶¶ 5-7; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequela 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 1:21-vv-00145-UNJ Document 44 Filed 01/18/23 Page 2 of 7 Nevertheless, on December 16, 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 $80,000.00 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 1:21-vv-00145-UNJ Document 44 Filed 01/18/23 Page 3 of 7 Case 1:21-vv-00145-UNJ Document 44 Filed 01/18/23 Page 4 of 7 Case 1:21-vv-00145-UNJ Document 44 Filed 01/18/23 Page 5 of 7 Case 1:21-vv-00145-UNJ Document 44 Filed 01/18/23 Page 6 of 7 Case 1:21-vv-00145-UNJ Document 44 Filed 01/18/23 Page 7 of 7