VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00564 Package ID: USCOURTS-cofc-1_21-vv-00564 Petitioner: Raul Diaz Parra Filed: 2021-01-11 Decided: 2024-04-11 Vaccine: Tdap Vaccination date: 2020-03-13 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Raul Diaz Parra filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on March 13, 2020. The petition stated the vaccine was administered in the United States, the injury had residual effects for more than six months, and there had been no prior award or settlement for the condition. Respondent denied that Mr. Diaz Parra sustained a SIRVA, denied that the vaccine caused his injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on March 5, 2024, agreeing to settle the issues and award compensation. The court adopted the stipulation as its decision. Mr. Diaz Parra was awarded a lump sum of $15,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act. This amount covers all items of damages. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00564-0 Date issued/filed: 2024-04-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/07/2024) regarding 50 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00564-UNJ Document 54 Filed 04/11/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0564V RAUL DIAZ PARRA, Chief Special Master Corcoran Petitioner, Filed: March 7, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 11, 2021, Raul Diaz Parra 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 a tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine that was administered on March 13, 2020. Petition at1;Stipulation, filedonMarch 5, 2024, at ¶¶ 2, 4.Petitioner further alleges he received the vaccine in the United States, that he experienced the residual effects of his symptoms for more than six months, and there has been no prior award or settlement of a civil action as a result of his condition. Petition at ¶ 2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 1Because this Decision 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 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. 2National 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 (2018). Case 1:21-vv-00564-UNJ Document 54 Filed 04/11/24 Page 2 of 7 Nevertheless, on March 5, 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 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 $15,000.00 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-00564-UNJ Document 54 Filed 04/11/24 Page 3 of 7 IN THE UNITb:D STATES OURT 01◄ FEDERA CLAIMS OFFICE OF SPECIAL MAST, RS ) RAUL DIAZ PARRA, ) ) Petitioner, ) No. 2 l-564V V, ) hief Special Master Corcoran ECF SECRETARY OF HEALTI1 AND HUMAN )) SERVICES, ) _____R_espo_nd_ent._ _____ ) ) STfPULATIO The parties hereby stipulate to the following matters: 1. Raul Diaz Parra, petitioner, filed a petition for vaccine compensation under the * National Vacc:ine Injury Compensation Program, 42 .S. '. 300fta-10 to -34 (the "Vaccine Prognun"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the tetanus, diphtheria, acellular p rtussis ("Tdap") vaccine, which vaccine is contained in the Vacclnc Injury Table (the ''Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received the Ttlap vaccination in hi left ann on March 13, 2020. 3. The vaccine was administered within the United tates. 4. Petitioner alleges that he suffered a left Shoulder Injury Related to Vaccine /\dmini. tration ("SIRVA'') as a result of receiving the Tdap vaccine within the Table time frame, and that he experienced residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his bchul fas a result of his condition. Case 1:21-vv-00564-UNJ Document 54 Filed 04/11/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his eun-cnt condition is a scquelae of a vuccinc-rclatcd injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry or judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I( a)( I), the Secretary of llealth and lluman Services will issue the following compensation payment: A lump sum of $15,000.00, in the fo11n of u check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a pruper unc.1 timely electit)ll lo receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), and an application, lhc parties will submit to further proceedings before the spccial master to award reasonable attorneys' foes and costs incurred in proceeding upon this petition. 10. Petitioner and his attomcy represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable un this Stipulation will be used solely for the benefit of petitioner, as contemplated by a strict construction or 42 U.S.C. ~ 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-l 5(g) nnd (h). 13. ln return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity and on behalf of his heirs, executors, adminislralors, successors or assigns, does forever irrevocably and unconditionally release, acquit un