VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00892 Package ID: USCOURTS-cofc-1_21-vv-00892 Petitioner: Abraham Scott Filed: 2021-02-08 Decided: 2023-04-13 Vaccine: influenza Vaccination date: 2019-10-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Abraham Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on February 8, 2021. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 21, 2019, and that his symptoms lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Scott sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on March 14, 2023, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Pursuant to the stipulation, Mr. Scott was awarded a lump sum of $30,000.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on April 13, 2023. Petitioner's counsel was Matthew F. Belanger of Faraci Lange, LLP, and respondent's counsel was Julia Marter Collison of the U.S. Department of Justice. Theory of causation field: Petitioner Abraham Scott alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 21, 2019, with symptoms lasting over six months. Respondent denied the injury was vaccine-related. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted as the decision. Mr. Scott was awarded $30,000.00 as a lump sum. The specific theory of causation, medical experts, clinical details, and mechanism of injury were not described in the public decision, as the case was resolved via stipulation. The decision date was April 13, 2023. Attorneys were Matthew F. Belanger for Petitioner and Julia Marter Collison for Respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00892-0 Date issued/filed: 2023-04-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/14/2023) regarding 42 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00892-UNJ Document 46 Filed 04/13/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0892V UNPUBLISHED ABRAHAM SCOTT, Chief Special Master Corcoran Petitioner, Filed: March 14, 2023 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) Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 8, 2021, Abraham Scott 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 he received on October 21, 2019. Petition at 1; Stipulation, filed at March 14, 2023, ¶¶ 1-4. Petitioner further alleges that his symptoms lasted for more than six months. Petition at 1; Stipulation at ¶ 4. Respondent denies “that petitioner sustained a shoulder injury as defined in the Vaccine Injury Table; 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.” Stipulation at ¶ 6. Nevertheless, on March 14, 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. 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-00892-UNJ Document 46 Filed 04/13/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $30,000.00, 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-00892-UNJ Document 46 Filed 04/13/23 Page 3 of 7 Case 1:21-vv-00892-UNJ Document 46 Filed 04/13/23 Page 4 of 7 Case 1:21-vv-00892-UNJ Document 46 Filed 04/13/23 Page 5 of 7 Case 1:21-vv-00892-UNJ Document 46 Filed 04/13/23 Page 6 of 7 Case 1:21-vv-00892-UNJ Document 46 Filed 04/13/23 Page 7 of 7