VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01425 Package ID: USCOURTS-cofc-1_21-vv-01425 Petitioner: Merlin Blehm Filed: 2021-06-02 Decided: 2023-06-21 Vaccine: influenza Vaccination date: 2020-10-16 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Merlin Blehm filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 16, 2020. Mr. Blehm stated that the vaccine was administered in the United States, he experienced residual effects for more than six months, and he had not previously received compensation or filed a civil action for vaccine-related injuries. Respondent denied that Mr. Blehm 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 the denial, the parties filed a joint stipulation for an award of compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr. Blehm was awarded a lump sum of $65,000.00, representing compensation for all items of damages available under Section 15(a). The Clerk of Court was directed to enter judgment in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01425-0 Date issued/filed: 2023-06-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/17/2023) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01425-UNJ Document 44 Filed 06/21/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1425V UNPUBLISHED MERLIN BLEHM, Chief Special Master Corcoran Petitioner, Filed: May 17, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 2, 2021, Merlin Blehm 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 left shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine administered on October 16, 2020. Petition at 1; Stipulation, filed May 17, 2023, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, he has experienced the residual effects of his injury for more than six months, and he has never received compensation in the form of an award or settlement, or filed a civil action prior to filing this petition, for his vaccine-related injuries. Petition at ¶¶ 2, 10-12; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, and further denies that the flu vaccine 1 Because this unpublished 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. 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 (2018). Case 1:21-vv-01425-UNJ Document 44 Filed 06/21/23 Page 2 of 7 caused petitioner to suffer from any other injury or his current condition.” Stipulation at ¶ 6. Nevertheless, on May 17, 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 $65,000.00 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-01425-UNJ Document 44 Filed 06/21/23 Page 3 of 7 Case 1:21-vv-01425-UNJ Document 44 Filed 06/21/23 Page 4 of 7 Case 1:21-vv-01425-UNJ Document 44 Filed 06/21/23 Page 5 of 7 Case 1:21-vv-01425-UNJ Document 44 Filed 06/21/23 Page 6 of 7 Case 1:21-vv-01425-UNJ Document 44 Filed 06/21/23 Page 7 of 7