VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01859 Package ID: USCOURTS-cofc-1_21-vv-01859 Petitioner: Juan Gonzalez Filed: 2021-09-15 Decided: 2024-01-29 Vaccine: influenza Vaccination date: 2020-11-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 42000 AI-assisted case summary: Juan Gonzalez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on November 9, 2020. He stated that the vaccine was administered in the United States, that he experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement for his condition. The respondent, the Secretary of Health and Human Services, denied that Mr. Gonzalez sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury. Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr. Gonzalez a lump sum of $42,000.00. This amount represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties agreed to settle the issues of liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01859-0 Date issued/filed: 2024-01-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/28/2023) regarding 47 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01859-UNJ Document 52 Filed 01/29/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1859V JUAN GONZALEZ, Chief Special Master Corcoran Petitioner, Filed: December 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner. Alec Saxe, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 15, 2021, Juan Gonzalez 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 administered on November 9, 2020. Petition at 1, 3; Stipulation, filed on December 28, 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, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a Shoulder Injury Related to Vaccine Administration (“SIRVA”) Table injury; denies that the vaccines 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. 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-01859-UNJ Document 52 Filed 01/29/24 Page 2 of 7 Nevertheless, on December 28, 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 $42,000.00 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-01859-UNJ Document 52 Filed 01/29/24 Page 3 of 7 DocuSign Envelope ID: 2801B422-0252-4F7F-B5AD-7446EA4CCE17 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JUAN GONZALEZ, Petitioner, No. 21-1859V Chief Special Master Corcoran V ECF S~CRETARY OF TIEAL TI I AND llUMAN SERVICES, Respondent. STIPULA TIO!\' The parties hereby stipulate to the following matters: 1. Juan Gonzalez ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("'tlu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C. F.R . § I 00.3(a) 2. Petitioner received a tlu vaccine on November 9, 2020. 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, or in the alternative, that his alleged shoulder injury was caused by the flu vaccine. Petitioner further alleges that he suffered the residual effeds of the alleged injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement ofa civil action for damages on petitioner's behalf as a result of the alleged injury. Case 1:21-vv-01859-UNJ Document 52 Filed 01/29/24 Page 4 of 7 DocuSign Envelope ID: 2801B422-0252-4F7F-B5AD-7446EA4CCE17 6. Respondent denies that petitioner sustained a Shoulder Injury Related to Vaccine Administration ("SIRVA'') Table injury; denies that the vaccines caused petitioner's alleged shoulder injury, or any other injury; and denies that his CLIITent condition is a sequclae 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 ofjudgrncnt 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-2 l (a)( 1) , the Secretary or Health and Human Services will issue the following vaccine compensation payment: A lump stun of $42,000.00 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-15(a). 9. As soon as practicahle after the entry of judgment 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-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable allorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and petitioner's attorney represent that compensation to be provided pllrsuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-I 5(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insmancc poli des, 2 Case 1:21-vv-01859-UNJ Document 52 Filed 01/29/24 Page 5 of 7 DocuSign Envelope ID: 2801B422·0252-4F7F-B5AD-7446EA4CCE17 Federal or State health benefits progran,s (o ther than Title XTX of the Social Security Act (4 2 U.S.C. § 1396 et seq.)), m by entities that provide health services on a pre-paid basis. l I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in act:ordancc with 42 U.S.C. § 300aa-I 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 attorney's tees 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 hy a strict construction of 42 U.S.C. § 300aa-15(a) and (