VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00694 Package ID: USCOURTS-cofc-1_21-vv-00694 Petitioner: Parth Parikh Filed: 2021-01-12 Decided: 2022-09-22 Vaccine: influenza Vaccination date: 2019-09-20 Condition: left shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Parth Parikh, an adult, received an influenza vaccine on September 20, 2019. He subsequently filed a petition alleging that he suffered left shoulder injuries related to vaccine administration, commonly known as SIRVA. Mr. Parikh alleged that his symptoms lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Parikh sustained a SIRVA Table injury or that the flu vaccine caused his alleged shoulder injury. Despite the respondent's denial, the parties filed a joint stipulation on August 19, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Mr. Parikh was awarded a lump sum of $55,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was issued on September 22, 2022, following the petition filed on January 12, 2021. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00694-0 Date issued/filed: 2022-09-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/22/2022) regarding 24 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00694-UNJ Document 28 Filed 09/22/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-694V UNPUBLISHED PARTH PARIKH, Chief Special Master Corcoran Petitioner, Filed: August 22, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021, Parth Parikh 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 left shoulder injuries related to vaccine administration (SIRVA), resulting from the influenza (flu) vaccination he received on September 20, 2019. Petition at 1; Stipulation, filed at August 19, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, his symptoms lasted for more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1,3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu 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. 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-00694-UNJ Document 28 Filed 09/22/22 Page 2 of 7 Nevertheless, on August 19, 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 $55,000.00 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-00694-UNJ Document 28 Filed 09/22/22 Page 3 of 7 Case 1:21-vv-00694-UNJ Document 28 Filed 09/22/22 Page 4 of 7 Case 1:21-vv-00694-UNJ Document 28 Filed 09/22/22 Page 5 of 7 Case 1:21-vv-00694-UNJ Document 28 Filed 09/22/22 Page 6 of 7 Case 1:21-vv-00694-UNJ Document 28 Filed 09/22/22 Page 7 of 7