VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00598 Package ID: USCOURTS-cofc-1_21-vv-00598 Petitioner: Joseph McDaniel Filed: 2021-01-12 Decided: 2024-03-15 Vaccine: influenza Vaccination date: 2019-03-01 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Joseph McDaniel filed a petition for vaccine compensation on January 12, 2021, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on March 1, 2019. His amended petition was filed on June 6, 2022. Mr. McDaniel alleged the vaccine was administered in the United States, that his injury had residual effects for more than six months, and that there had been no prior award or settlement of a civil action for his condition. The respondent, the Secretary of Health and Human Services, denied that Mr. McDaniel sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injury, and denied that the flu vaccine caused any other injury or his current condition. Despite these denials, the parties reached a joint stipulation to settle the case, which was filed on January 12, 2024. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Mr. McDaniel was awarded a lump sum of $35,000.00, payable by check to the petitioner. This amount is intended to compensate for all damages available under Section 15(a) of the Vaccine Act. The decision was issued on March 15, 2024. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Emilie Williams of the U.S. Department of Justice. The stipulation also noted that further proceedings would occur to award reasonable attorneys' fees and costs. Theory of causation field: Petitioner Joseph McDaniel filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on March 1, 2019. Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused the injury. The parties reached a joint stipulation to settle the case. The Special Master adopted the stipulation, awarding $35,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The case proceeded as a Table claim, with the stipulation serving as a negotiated settlement of liability and damages. Petitioner was represented by Laura Levenberg (Muller Brazil, LLP) and respondent by Emilie Williams (U.S. Department of Justice). The decision was issued by Chief Special Master Brian H. Corcoran on March 15, 2024, based on the stipulation filed January 12, 2024, following the petition filed January 12, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00598-0 Date issued/filed: 2024-03-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/08/2024) regarding 55 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00598-UNJ Document 59 Filed 03/15/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0598V JOSEPH MCDANIEL, Chief Special Master Corcoran Petitioner, Filed: February 8, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021,Joseph McDanielfiled a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner’s amended petition was filed on June 6, 2022. In it, Petitioner alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on March 1, 2019. Amended Petition at Preamble, ¶1; Stipulation, filed on January 12, 2024, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he has 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 as a result of his condition.” Amended Petition at ¶¶ 10, 12; Stipulationat ¶¶ 3-5.“Respondent denies that [P]etitioner sustaineda 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. 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-00598-UNJ Document 59 Filed 03/15/24 Page 2 of 7 Nevertheless, on February 7, 2024, the parties filed the attached joint stipulation,3 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 $35,000.00 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3The final page of the Stipulation (an electronic signature verification form) has been omitted. 4 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-00598-UNJ Document 59 Filed 03/15/24 Page 3 of 7 Vinesign Document ID: F813204C-A 17C-4302-9D0B-084D80249982 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JOSEPH MCDANIEL, ) ) Petitioner, ) ) No. 21- 598V v. ) Chief Special Master Corcoran ) BCF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) _________ ____ __ ) STIPULATION The parties hereby stipulate to the following matters: I . Joseph McDaniel, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"}. The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00J(a). 2. Petitioner received the flu vaccine on March 1, 2019. The vaccine administration records indicate the vaccine was administered in the left arm. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he suffered a left Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table, and further alleges that he experienced the residual effects of his 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 behalf as a result of his condition. The signed document can be validated at https://app.vinesign.comNerify Case 1:21-vv-00598-UNJ Document 59 Filed 03/15/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or his current condition. 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 ofj udgment 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $35,000.00 in the form of a 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 ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § J00aa-21 (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and his attorney 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 under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX o:fthe Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:21-vv-00598-UNJ Document 59 Filed 03/15/24 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of I Jealth and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on March I, 2019, as alleged by petitioner in a petition for vaccine compensation tiled on or about January l 2, 2021, in the United States Court of Federal Claims as petition No. 2 l-598V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:21-vv-00598-UNJ Document 59 Filed 03/15/24 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder injury or any other injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I 4 Case 1:21-vv-00598-UNJ Document 59 Filed 03/15/24 Page 7 of 7 Respectfully submitted, PETITIONER: f/lt{/J JOSEPH MCDANIEL ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: . dvu- c,U-L~P~------.____ ~ - ~GITTf ~ 1-fEA THER L. PEARLMAN MULLER BRAZIL Deputy Director 715 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division Tel: (215) 885-1655 U.S. Department ofJ ustice Email: 1.eigh@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes - Digitally signed by George R. Grlmes•S14 S1 4 Date: 2024.01.09 12:44:25 .os·oo· E