VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00444
Package ID: USCOURTS-cofc-1_21-vv-00444
Petitioner: Daniel Hickey
Filed: 2021-01-11
Decided: 2024-05-21
Vaccine: influenza
Vaccination date: 2020-10-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Daniel Hickey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his October 27, 2020 influenza vaccination. He claimed residual effects lasting more than six months and met other program requirements. Respondent denied that petitioner sustained a SIRVA Table Injury, denied that the vaccine caused his 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 May 21, 2024, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision. Daniel Hickey was awarded a lump sum of $65,000.00, representing compensation for all items of damages available under the program. The case proceeded as a Table claim, and the award was made pursuant to the stipulation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00444-0
Date issued/filed: 2024-06-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/21/2024) regarding 68 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (sh). Service on parties made.
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Case 1:21-vv-00444-UNJ Document 74 Filed 06/17/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-444V
Filed: May 21, 2024
DANIEL HICKEY,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Michael Adly Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for petitioner.
Parisa Tabassian, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2021, petitioner 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 his October 27, 2020 influenza (“flu”) vaccination.
Petition at 1; Stipulation, filed May 21, 2024, at ¶ 4. Petitioner further alleges that he
has experienced the residual effects of his condition for more than six months, that
there has been no prior award or settlement of a civil action for damages as a result of
his condition, and that his vaccine was administered in the United States. Stipulation at
¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table Injury; denies that
the vaccine caused petitioner’s alleged shoulder injury or any other injury; and denies
that petitioner’s current condition is a sequela of a vaccine-related injury. ” Stipulation at
¶ 6.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:21-vv-00444-UNJ Document 74 Filed 06/17/24 Page 2 of 7
Nevertheless, on May 21, 2024, 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 the decision of the Court in 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 $65,000.00 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 § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
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

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