VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00703
Package ID: USCOURTS-cofc-1_12-vv-00703
Petitioner: Ana Ortega
Filed: 2015-01-21
Decided: 2015-01-21
Vaccine: influenza
Vaccination date: 2011-11-17
Condition: shoulder injury
Outcome: compensated
Award amount USD: 38000

AI-assisted case summary:
Ana Ortega filed a petition for compensation on January 21, 2015, alleging that the influenza vaccine she received on November 17, 2011, caused her to suffer a shoulder injury. The case proceeded based on a stipulation of fact concerning final attorneys' fees and costs. Petitioner had previously submitted an application for attorneys' fees and costs, to which respondent initially raised objections. Following discussions, petitioner amended her application to request $37,954.63 for attorneys' fees and costs, an amount to which respondent did not object. Petitioner also stated that she incurred $45.37 in out-of-pocket litigation expenses. Special Master Christian J. Moran awarded a lump sum of $37,954.63 payable to petitioner and her attorney, Ronald C. Homer, for attorneys' fees and litigation costs. Additionally, a lump sum of $45.37 was awarded, payable to Ana Ortega, for her out-of-pocket expenses. The total award was $38,000.00. The decision was issued on January 21, 2015, and subsequently filed on February 18, 2015.

Theory of causation field:
The petitioner, Ana Ortega, alleged that the influenza vaccine received on November 17, 2011, caused a shoulder injury. The case proceeded as a Table claim, and the parties reached a stipulation for compensation. The public decision does not describe the specific medical facts, onset, symptoms, tests, treatments, or expert testimony related to the alleged shoulder injury. The theory of causation is not detailed in the provided text, other than it being a Table claim. The Special Master Christian J. Moran awarded compensation based on a stipulation regarding attorneys' fees and costs, totaling $38,000.00 ($37,954.63 for attorneys' fees and costs, and $45.37 for out-of-pocket expenses). The decision date was January 21, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Amy P. Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00703-0
Date issued/filed: 2014-09-05
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 08/13/2014) regarding 62 DECISION Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00703-UNJ Document 66 Filed 09/05/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ANA ORTEGA, *
* No. 12-703V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 13, 2014
*
SECRETARY OF HEALTH * Damages; decision based on proffer;
AND HUMAN SERVICES, * influenza (“flu”) vaccination;
* shoulder injury.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for
petitioner;
Tara J. Kilfoyle, United States Department of Justice, Washington, DC, for
respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On October 17, 2012, Ana Ortega filed a petition seeking compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1
et seq., alleging that influenza (“flu”) vaccination caused her to suffer a shoulder
injury. Ms. Ortega was found entitled to compensation under the Vaccine Act.
Ruling, 2013 WL 5819659 (Fed. Cl. Spec. Mstr. Oct. 4, 2013).
On August 5, 2014, respondent filed a Proffer on Award of Compensation,
to which petitioner agrees. Based upon the record as a whole, the special master
finds the proffer reasonable and that petitioner is entitled to an award as stated in
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00703-UNJ Document 66 Filed 09/05/14 Page 2 of 8
the Proffer. Pursuant to the Proffer, attached hereto as “Appendix A”, the court
awards petitioner:
A. A lump sum payment of $317,146.70, representing life care expenses
for Year 1 ($21,899.00), compensation for lost future earnings
($133,978.00), compensation for past unreimbursed expenses
($773.71) and pain and suffering ($160,487.00), in the form of a
check payable to Ana Ortega; and
B. An amount sufficient to purchase an annuity contract, subject to the
conditions described in the attached proffer (attached as Appendix
A), that will provide payments for the life care items contained in the
life care plan, as illustrated by the proffer’s chart, and paid to the life
insurance company from which the annuity will be purchased.
Compensation for Year Two (beginning on the first anniversary of
the date of judgment) and all subsequent payments shall be provided
through respondent’s purchase of an annuity, which annuity will
make payments directly to the petitioner, Ana Ortega, only so long as
Ana Ortega is alive at the time a particular payment is due. The
“annual amounts” set forth in the proffer’s chart describe the total
year sum to be paid and do not require that the payment be made in
one single payment.
In the absence of a motion for review filed pursuant to RCFC Appendix B,
the clerk of the court is directed to enter judgment herewith.
Any questions may be directed to my law clerk, Marc Langston, at (202)
357-6392.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
2

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANA ORTEGA, )
)
Petitioner, )
) No. 12-703V
v. ) Special Master Christian J. Moran
) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
The respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLCP, and
petitioner engaged Maureen Clancy, RN, BSN, CLCP, to provide an estimation of petitioner’s
future vaccine-injury related needs. For the purposes of this proffer, the term “vaccine injury” is
as described in the Special Master’s Ruling on Entitlement issued on October 4, 2013. All items
identified in the joint life care plan are supported by the evidence and are illustrated by the chart
entitled Appendix A: Items of Compensation for Ana Ortega, attached hereto as Tab A1.
Respondent proffers Ana Ortega should be awarded all items of compensation set forth in the
joint life care plan and illustrated by the chart attached at Tab A. Petitioner agrees.
Respondent further proffers that the appropriate growth rate for life care items of
1 The chart at Tab A illustrates the annual benefits provided by the joint life care plan.
The annual benefit years run from the date of judgment up to the first anniversary of the date of
judgment, and every year thereafter up to the anniversary of the date of judgment.
1

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compensation should be four percent (4.0%) for non-medical items and six percent (6.0%) for
medical items, compounded annually from the date of judgment, as set forth in Tab B: Annuity
Funding Portfolio. Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence in the record, Ana Ortega has suffered a
loss of earnings related to her vaccine injury and that it is unlikely that she will be gainfully
employed in the future. Therefore, respondent proffers that petitioner should be awarded
compensation for actual and anticipated loss of earnings as provided under the Vaccine Act, 42
U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for Ana Ortega’s
past and future lost earnings is $133,978.00. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Ana Ortega should be awarded $160,487.00 in actual and
projected pain and suffering.2 This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that the petitioner is entitled
to past un-reimbursed expenses in the amount of $773.71. Petitioner agrees.
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2

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E. Medicaid Lien
The New York City Human Resources Administration has represented to counsel for
petitioner and respondent that there are no outstanding Medicaid liens against petitioner. Based
upon this information, petitioner represents that there are no outstanding Medicaid liens against
her. Petitioner agrees.
F. Attorney’s Fees and Costs
This proffer does not address final attorneys’ fees and costs. Petitioner is entitled to
reasonable attorneys’ fees and costs, to be determined at a later date upon petitioner filing
substantiating documentation.
II. FORM OF THE AWARD
The parties recommend that the compensation provided to Ana Ortega for her future
medical care needs should be made through a combination of lump sum payments and future
annuity payments as described below, and request that the Special Master’s decision and the
Court’s judgment reflect the following items of compensation.
Respondent proffers and Petitioner agrees that an award of compensation include the
following elements:
A. A lump sum payment of $317,146.70, representing life care expenses for Year 1
($21,899.00), compensation for lost future earnings ($133,978.00), compensation for past un-
reimbursed expenses ($773.71) and pain and suffering ($160,487.00), in the form of a check
payable to Ana Ortega.
B. An amount sufficient to purchase an annuity contract,3 subject to the conditions
3 In respondent’s discretion, respondent may purchase one or more annuity contracts
3

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described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, and paid to the life insurance company4 from
which the annuity will be purchased.5 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent payments shall be provided through
respondent’s purchase of an annuity, which annuity will make payments directly to the
petitioner, Ana Ortega, only so long as Ana Ortega is alive at the time a particular payment is
due. The “annual amounts” set forth in Tab B describe the total year sum to be paid and do not
require that the payment be made in one single payment.
The parties agree that Ana Ortega is a competent adult and that no
Guardians/Conservators of her Estate will be required.
1. Growth Rates
Respondent proffers that a four percent (4.0%) growth rate should be applied to all non-
medical life care items and a six percent (6.0%) growth rate should be applied to all medical life
from one or more life insurance companies.
4 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this
case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
4

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care items. The benefits illustrated in the chart at Tab B that are to be paid through annuity
payments should grow as follows: four percent (4.0%) compounded annually from the date of
judgment and six percent (6.0%) compounded annually from the date of judgment. Petitioner
agrees.
2. Life-contingent Annuity
Ana Ortega will continue to receive the annuity payments for future medical care from
the Life Insurance Company only so long as Ana Ortega is alive at the time that a particular
payment is due. Written notice to the Secretary of Health and Human Services and the Life
Insurance Company shall be made within twenty (20) days of Ana Ortega’s death.
III. SUMMARY OF RECOMMENDED PAYMENTS FOLLOWING JUDGMENT
A. Lump Sum paid to Ana Ortega: $317,146.70.
B. An amount sufficient to purchase the annuity contract described above in section
II. B.
Respectfully submitted,
STUART F. DELERY
Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
5

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s/Tara J. Kilfoyle
TARA J. KILFOYLE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 514-9729
DATE: August 5, 2014
6

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DOCUMENT 2: USCOURTS-cofc-1_12-vv-00703-1
Date issued/filed: 2015-02-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/21/2015) regarding 72 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00703-UNJ Document 75 Filed 02/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
ANA ORTEGA, *
*
Petitioner, * No. 12-703V
* Special Master Christian J. Moran
*
v. * Filed: January 21, 2015
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, Boston, MA, for petitioner.
Amy P. Kokot, United States Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On January 21, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, on January 9,
2015, petitioner formally submitted a draft application for attorneys’ fees and
costs. Upon review of petitioner’s application, respondent raised objections to
certain items. Based on subsequent discussions, petitioner amended her
application to request $ 37,954.63, an amount to which respondent does not object.
The Court awards this amount.
On October 17, 2012, Ana Ortega filed a petition for compensation alleging
that the influenza (“flu”) vaccine, which she received on November 17, 2011,
caused her to suffer a shoulder injury. Petitioner received compensation based
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00703-UNJ Document 75 Filed 02/18/15 Page 2 of 2
upon the parties’ stipulation. Decision, filed Aug.13, 2013. Because petitioner
received compensation, she is entitled to an award of attorneys’ fees and costs. 42
U.S.C. § 300aa-15(e).
Petitioner seeks a total of $37.954.63 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred $45.37 in out-of-pocket litigation expenses while pursuing this
claim. Respondent has no objection to the amount requested for attorneys’ fees
and costs.
After reviewing the request, the Court awards the following:
a. A lump sum of $37,954.63 in the form of a check made payable to
petitioner and petitioner’s attorney, Ronald C. Homer, Esq., for
attorneys’ fees and other litigation costs available under 42 U.S.C. §
300aa-15(e).
b. A lump sum of $45.37, payable to petitioner, Ana Ortega, for costs
she incurred in pursuit of her petition.
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran