VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00290 Package ID: USCOURTS-cofc-1_21-vv-00290 Petitioner: Nathan Yost Filed: 2021-11-04 Decided: 2022-12-05 Vaccine: influenza Vaccination date: 2019-10-10 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 40616 AI-assisted case summary: Nathan Yost filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of an influenza vaccination on October 10, 2019. He stated the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that he had not received a prior award or settlement for his injury. Respondent denied that Petitioner 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 or his current condition. Nevertheless, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, the court awarded Nathan Yost a lump sum of $40,616.00, representing compensation for all items of damages available under Section 15(a). The Clerk of Court was directed to enter judgment in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00290-0 Date issued/filed: 2022-12-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/04/2022) regarding 32 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00290-UNJ Document 36 Filed 12/05/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-290V UNPUBLISHED NATHAN YOST, Chief Special Master Corcoran Petitioner, Filed: November 4, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 7, 2021, Nathan Yost 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 he suffered a Table injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of an influneza (“flu”) vaccination on October 10, 2019. Petition at 1; Amended Petition, filed September 20, 2021, at 1; Stipulation, filed October 26, 2022, ¶¶ 1-2, 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 on his behalf as a result of his injury. Stipulation ¶¶ 3-5; see Amended Petition ¶¶ 7, 9. “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 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-00290-UNJ Document 36 Filed 12/05/22 Page 2 of 7 the flu vaccine caused [p]etitioner any other injury or his current condition.” Stipulation at ¶ 6. Nevertheless, on October 26, 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 $40,616.00 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-00290-UNJ Document 36 Filed 12/05/22 Page 3 of 7 Case 1:21-vv-00290-UNJ Document 36 Filed 12/05/22 Page 4 of 7 Case 1:21-vv-00290-UNJ Document 36 Filed 12/05/22 Page 5 of 7 Case 1:21-vv-00290-UNJ Document 36 Filed 12/05/22 Page 6 of 7 Case 1:21-vv-00290-UNJ Document 36 Filed 12/05/22 Page 7 of 7