VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00187 Package ID: USCOURTS-cofc-1_13-vv-00187 Petitioner: Linda Jeanette Driver Filed: 2014-03-04 Decided: 2014-03-27 Vaccine: Tdap Vaccination date: Condition: Brachial Neuritis Outcome: compensated Award amount USD: 150821 AI-assisted case summary: Linda Jeanette Driver filed a petition for compensation under the National Vaccine Injury Compensation Program on March 4, 2014, alleging injury from a Tdap vaccine. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Driver suffered a Table Injury of Brachial Neuritis due to her receipt of the vaccine. Based on this concession, a decision was entered on June 12, 2013, finding Ms. Driver entitled to compensation. Subsequently, on February 28, 2014, the respondent filed a proffer outlining the compensation award. The court reviewed the proffer and found it reasonable. The award includes a lump sum of $150,820.77, which covers lost earnings of $48,691.76, pain and suffering of $100,000.00, and past unreimbursable expenses of $2,129.01. The compensation is to be paid to Ms. Driver in the form of a check. The decision was finalized on March 27, 2014, with judgment to be entered accordingly. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00187-cl-extra-1032026 Date issued/filed: 2013-06-12 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 1032026 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-187V Filed: June 12, 2013 ************************************* LINDA JEANETTE DRIVER, * * NOT TO BE PUBLISHED Petitioner, * * v. * Entitlement; concession; * (Tdap) vaccine; brachial neuritis. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Douglas Lee Burdette, Burkett & Burdette, Seattle, WA, for Petitioner Alexis Babcock, United States Department of Justice, Washington, DC, for Respondent UNPUBLISHED RULING FINDING ENTITLEMENT 1 On March 12, 2013, Linda Driver (Petitioner) filed a petition seeking compensation for her injuries resulting from the administration of a tetanus-diptheria-acellular pertussis (“Tdap”) vaccine. Petitioner seeks compensation pursuant to the National Childhood Vaccine Injury Act 1 Because this decision contains a reasoned explanation for the Special Master’s action in this case, the Special Master intends to post it on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 113 Stat. 2899, 2913 (Dec. 17, 2002). All decisions of the Special Master will be made available to the public unless they contain trade secret or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would clearly be an unwarranted invasion of privacy. When such a decision or designated substantive order is filed, a party has 14 days to identify and to move to redact such information before the document’s disclosure. Absent a timely motion to redact, the decision will be made available to the public in its entirety. If the Special Master, upon review of a timely-filed motion, agrees that the identified material fits within the categories listed above, the Special Master shall redact such material from the decision made available to the public. 42 U.S.C. § 300aa-12(d)(4); Vaccine Rule 18(b). 1 of 1986, 42 U.S.C. § 300aa-10 et seq. (“Vaccine Act”). Petitioner alleged that she received the vaccination on June 20, 2012, and that she suffered brachial neuritis as a result. In the Rule 4(c) report, Respondent conceded that Petitioner’s claim is compensable under the Act. Respondent stated that, in this case, Petitioner “suffered from a Table brachial neuritis, and that there was not a preponderance of evidence that the brachial neuritis was due to factors unrelated to the vaccination. Therefore, compensation is appropriate.” Respondent’s Rule 4 report at 4. Special masters may determine whether a petitioner is entitled to compensation based upon the record. A hearing is not required. 42 U.S.C. § 300aa-13; Vaccine Rule 8(d). The record demonstrates that seven (7) days following her receipt of the vaccinations, Petitioner sought medical treatment for complaints of left arm pain and numbness. Respondent’s Rule 4 report at 2. Due to Petitioner’s ongoing complaints of “weakness and her muscles just not working right,” Petitioner was referred to a neurologist. Id. at 3. Petitioner underwent electrodiagnositic studies of the upper left extremity and was diagnosed with brachial neuritis or radiculitis. Petitioner’s Ex. 2 at 156-57. Based upon a review of the record as a whole, the undersigned finds that Petitioner has established that she is entitled to compensation for her injuries. Accordingly, Petitioner is entitled to compensation. This matter shall now proceed to the damages phase. 2 IT IS SO ORDERED. /s/ Daria J. Zane Daria J. Zane Special Master 2 All preexisting deadlines are CANCELLED. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00187-0 Date issued/filed: 2014-03-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/04/2014) regarding 23 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00187-UNJ Document 31 Filed 03/27/14 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-187V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LINDA JEANETTE DRIVER, * * Petitioner, * Filed: March 4, 2014 * v. * Decision by Proffer; Damages; * Tetanus Diptheria Acellular Pertussis * (Tdap) Vaccine; Brachial Neuritis; SECRETARY OF HEALTH AND * Table Injury HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Douglas L. Burdette, Seattle, WA, for Petitioner Alexis B. Babcock, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On March 12, 2013, Petitioner Linda Driver filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 On June 10, 2013, Respondent filed a Rule 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) permits each party 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:13-vv-00187-UNJ Document 31 Filed 03/27/14 Page 2 of 5 4(c) report conceding that Petitioner suffered a Table Injury of Brachial Neuritis due to her receipt of a tetanus-diptheria-acellular pertussis vaccine. On June 12, 2013, the special master previously assigned to this case entered a decision finding that Petitioner had established that she was entitled to compensation for her injury. On February 28, 2014, Respondent filed a proffer awarding compensation to Petitioner. I have reviewed the file, and based upon that review I conclude that Respondent’s proffer is reasonable. I therefore adopt it as the decision of the Court in awarding damages on the terms set forth therein. The proffer awards Petitioner: A lump sum of $150,820.77, representing compensation for, lost earnings ($48,691.76), pain and suffering ($100,000.00), and past unreimbursable expenses ($2,129.01), in the form of a check payable to petitioner, Linda Driver; Proffer § 2. I approve a Vaccine Program award in the amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment may be expedited by the parties= joint filing of notice renouncing the right to seek review. Case 1:13-vv-00187-UNJ Document 31 Filed 03/27/14 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) LINDA JEANETTE DRIVER, ) ) Petitioner, ) No. 13-187V v. ) Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT'S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation A Lost Past Earnings The parties agree that based upon the evidence of record, Linda Driver has suffered past lost earnings. Therefore, respondent proffers that Linda Driver should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for Linda Driver’s lost earnings is $48,691.76. Petitioner agrees. B. Pain and Suffering Respondent proffers that Linda Driver should be awarded $100,000.00 in actual and projected pain and suffering. 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. -1- Case 1:13-vv-00187-UNJ Document 31 Filed 03/27/14 Page 4 of 5 C. Past Unreimbursable Expenses Evidence supplied by petitioner documents Linda Driver’s expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,129.01. Petitioner agrees. D. Medicaid Lien Petitioner represents that there are no outstanding Medicaid liens against her. II. Form of the Award The parties recommend that the compensation provided to Linda Driver should be made by a lump sum payment as described below, and request that the special master's decision and the Court's judgment award the following: A lump sum payment of $150,820.77, representing compensation for, lost earnings ($48,691.76), pain and suffering ($100,000.00), and past unreimbursable expenses ($2,129.01), in the form of a check payable to petitioner, Linda Driver.1 III. Summary of Recommended Payment Following Judgment A. Lump Sum paid to petitioner, Linda Driver: $150,820.77 Respectfully submitted, STUART F. DELERY Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division 1 Because petitioner is a competent adult, evidence of guardianship is not required in this case. -2- Case 1:13-vv-00187-UNJ Document 31 Filed 03/27/14 Page 5 of 5 LINDA S. RENZI Senior Trial Counsel Torts Branch, Civil Division /S/ALEXIS B. BABCOCK ALEXIS B. BABCOCK Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 616-7678 Dated: February 28, 2014 -3-