VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00838 Package ID: USCOURTS-cofc-1_21-vv-00838 Petitioner: Jason Groves Filed: 2021-02-02 Decided: 2024-01-02 Vaccine: influenza Vaccination date: 2020-11-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Jason Groves filed a petition for vaccine compensation on February 2, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 11, 2020. The respondent denied that Mr. Groves sustained a SIRVA Table injury or that the vaccine caused his injury. Despite these denials, the parties reached a joint stipulation for settlement. The stipulation stated that Mr. Groves received the flu vaccine in the United States and experienced residual effects of his injury for more than six months, with no prior award or settlement for his condition. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Mr. Groves was awarded a lump sum of $25,000.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00838-0 Date issued/filed: 2024-01-02 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/28/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00838-UNJ Document 40 Filed 01/02/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0838V JASON GROVES, Chief Special Master Corcoran Petitioner, Filed: November 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 2, 2021, Jason Groves 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 an influenza (“flu”) vaccine that was administered on November 11, 2020. Petition at 1; Stipulation, filed on November 24, 2023, at ¶¶ 2, 4. Petitioner further alleges that he received the vaccine in the United States, that he 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. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury or any other injury; and denies that his current condition is a sequela 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-00838-UNJ Document 40 Filed 01/02/24 Page 2 of 8 Nevertheless, on November 24, 2023, 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 $25,000.00 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-00838-UNJ Document 40 Filed 01/02/24 Page 3 of 8 Vinesign Document ID: 3AE5A5CA-FCE3-491D-A868-F74460717875 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JASON GROVES, Petitioner, No. 21-838V Chief Special Master Corcoran v. ECF SECRET ARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Jason Groves ("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. § l00.3(a) 2. Petitioner received a flu vaccine on November 11, 2020, in his left arm. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. He further alleges that he experienced the residual effects of this condition 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 alleged injury. The signed document can be validated at https://app.vinesign.comNerify Case 1:21-vv-00838-UNJ Document 40 Filed 01/02/24 Page 4 of 8 6. 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 his current condition is a sequela of a vaccine-related 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 ofj udgment reflecting a decision consistent with the tenns 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 $25,000.00 in the fonn of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry ofj udgment 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. § 300aa-2l(a)(l), 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-l 5(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 of the 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-00838-UNJ Document 40 Filed 01/02/24 Page 5 of 8 l l. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(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 attorney's fees and litigation costs, and past unreimbursable 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 Health and Human Services from any and all actions or causes of action (including agreements. judgments, claims, damages. loss of services, expenses and al I 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-10 et seq., on account of, or in any way growing out of, any and alJ 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 November 11, 2020, as alleged in a petition for vaccine compensation filed on or about February 2, 2021, in the United States Court of Federal Claims as petition No. 21-838V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf ofe ither or both of the parties. 3 Case 1:21-vv-00838-UNJ Document 40 Filed 01/02/24 Page 6 of 8 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 confonnity with the tenns 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 injury or any other injury or his current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:21-vv-00838-UNJ Document 40 Filed 01/02/24 Page 7 of 8 Respectfully submitted, PETITIONER: JASON GROVES ATIORNEYOFRECORDFOR AUfflORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ft ~ ~ \:_ ~ ~l(C.. ~. vJsllAP-0 1 ~c.-,,,J'°'~ 11..,Ny .rLE'e,1.)1( .f. LEIGHFINFER HEATHER L. PEARLMAN MULLER BRAZIL •-' Deputy Director 715 Twinning Road, Ste. 208B Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice leigh@mullerbrazil.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR OFTHESECRETARYOFIIEALIB RESPONDENT: AND HUMAN SERVICES: Henry P. ~:n'Ts""byHenryP. by Mcmillan -S5 '.:;'s':;023110911134 • '0- CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Compensation Programs Health Systems Bureau Civil Division Health Resources and Services Administration U.S. Department of Justice U.S. Department of Health and P.O. Box 146 Human Services Benjamin Franklin Station 5600 Fishers Lane, 08W-25A Washington, DC 20044-0146 Rockville, MD 20857 (202) 451-7495 joseph.a.lewis@usdoj.gov 5 Case 1:21-vv-00838-UNJ Document 40 Filed 01/02/24 Page 8 of 8 Vmesign ..,,. Verification Complete 1h ~ Jucwn~nt hMi U~~,l ufi1c,.-1lly vf:1 ,f,t-FVKPglZQpRpTVtiOll!lfyt<,cgUNu7WgSzl04= Document Comi,feted DoaJmem H_,, SC'-'78AEF402fSF8064f S270I F0309010ED0610C039C828CCB57923908027E 19 i&NF!♦ 'l!nlest.omp , 1120/2023 21 :so urc 0 11/20/2023 21 :48 UTC Jason Groves Viewed by jason Groves ((360) 460-7858) Document Viewed 0 11 /2012023 21 :30 UTC ,lason Groves Viewed by Jason Groves ((360) 460-7858) Document Viewed 11/20/2023 21:30 UTC Jason Groves Sent out via email to Jason Groves (lason@grovescrane.com) Document Sent 11/20/2023 21 :30 UTC Jason Groves Sent out via text to Jason Groves ((360) 460-7858) Document Sent I 11/2012023 21:30 UTC Created by Muller Brazu (medlcalrecords@myvacclnetawyer.com) Document Created