VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01899 Package ID: USCOURTS-cofc-1_22-vv-01899 Petitioner: Mitchell Foster Filed: 2022-12-27 Decided: 2024-08-13 Vaccine: influenza Vaccination date: 2020-10-09 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 51460 AI-assisted case summary: Mitchell Foster filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 9, 2020. He stated that the injury was a defined Table injury, that he received the vaccine in the United States, that his injury had residual effects for more than six months, and that no civil action had been filed nor compensation received for the injury. Respondent conceded that Petitioner's alleged injury was consistent with SIRVA and that Petitioner had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on February 2, 2024, finding Petitioner entitled to compensation. Subsequently, on July 9, 2024, the parties filed a joint stipulation requesting an award of $51,000.00 in compensation to Petitioner and $460.08 for reimbursement of a Medicaid lien. The Chief Special Master adopted the stipulation as the decision awarding damages, granting a total award of $51,460.08. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01899-0 Date issued/filed: 2024-03-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/02/2024) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01899-UNJ Document 27 Filed 03/05/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1899V MITCHELL FOSTER, Chief Special Master Corcoran Petitioner, Filed: February 2, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 27, 2022, Mitchell Foster 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 9, 2020. Petition at 1, ¶ 2. Petitioner further alleges he received the vaccine within the United States, that he suffered the residual effects of his injury for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his injury. Petition at ¶¶ 2, 13-15. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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 1:22-vv-01899-UNJ Document 27 Filed 03/05/24 Page 2 of 2 On February 2, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4 Respondent further states that “based on the records as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4-5. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01899-cl-extra-10736012 Date issued/filed: 2024-03-05 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269422 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1899V MITCHELL FOSTER, Chief Special Master Corcoran Petitioner, Filed: February 2, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 27, 2022, Mitchell Foster 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 9, 2020. Petition at 1, ¶ 2. Petitioner further alleges he received the vaccine within the United States, that he suffered the residual effects of his injury for more than six months, and that neither he nor any other party has filed a civil action or received compensation for his injury. Petition at ¶¶ 2, 13-15. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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). On February 2, 2024, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent “has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4 Respondent further states that “based on the records as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4-5. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01899-1 Date issued/filed: 2024-08-13 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/09/2024) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01899-UNJ Document 42 Filed 08/13/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1899V MITCHELL FOSTER, Chief Special Master Corcoran Petitioner, Filed: July 9, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 27, 2022, Mitchell Foster 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 9, 2020. Petition at 1, ¶ 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 2, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his SIRVA. On July 9, 2024, Respondent filed the attached joint stipulation,3 requesting that I issued a decision awarding in the amount of $51,000.00 in 1 Because 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. 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). 3 Usually, a proffer is filed by Respondent if the parties have reached an informal agreement regarding the appropriate amount of compensation to be awarded after an entitlement determination. However, in a Case 1:22-vv-01899-UNJ Document 42 Filed 08/13/24 Page 2 of 8 compensation to Petitioner and $460.08 for reimbursement of a Medicaid lien. Stipulation at ¶ 8. 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 $51,460.08 as follows: 1. A lump sum payment of $51,000.00, in the form of a check payable to Petitioner; and 2. A lump sum payment of $460.08, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of California, in the form of a check payable jointly to Petitioner and the State of California Department of Health Care Services (Account No. C95826145G-001T), and mailed to: State of California Department of Health Care Services Recovery Section, MS 4720 P.O. Box 997425 Sacramento, CA 95899-7425 Case Name: Mr. Mitchell Foster Account No.: C95826145G-001T. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master minority of cases, the parties may choose to file a joint stipulation instead, representing more of a compromise regarding the compensation to be awarded. 4 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 1:22-vv-01899-UNJ Document 42 Filed 08/13/24 Page 3 of 8 Case 1:22-vv-01899-UNJ Document 42 Filed 08/13/24 Page 4 of 8 Case 1:22-vv-01899-UNJ Document 42 Filed 08/13/24 Page 5 of 8 Case 1:22-vv-01899-UNJ Document 42 Filed 08/13/24 Page 6 of 8 Case 1:22-vv-01899-UNJ Document 42 Filed 08/13/24 Page 7 of 8 Case 1:22-vv-01899-UNJ Document 42 Filed 08/13/24 Page 8 of 8