VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00669 Package ID: USCOURTS-cofc-1_14-vv-00669 Petitioner: Gaines Hearns Filed: 2014-10-14 Decided: 2015-11-24 Vaccine: influenza Vaccination date: 2013-01-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75307 AI-assisted case summary: Gaines Hearns filed a petition on October 14, 2014, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 16, 2013. The respondent, the Secretary of Health and Human Services, reviewed the case and concluded that the injury was consistent with SIRVA and that Mr. Hearns met the legal requirements for compensation. Petitioner counsel was Ronald C. Homer of Conway, Homer, & Chin-Caplan, and respondent counsel was Jennifer L. Reynaud of the United States Department of Justice. Special Master Christian J. Moran issued a ruling on November 10, 2014, finding Mr. Hearns entitled to compensation. A status conference was scheduled to discuss the quantification of damages. Subsequently, on October 14, 2015, the respondent filed a Proffer on Award of Compensation, to which the petitioner agreed. On November 24, 2015, Special Master Christian J. Moran issued a decision awarding damages based on this proffer. Mr. Hearns was awarded a total of $75,307.27, comprising a lump sum of $75,000.00 for damages and $307.27 for reimbursement of a lien payable jointly to petitioner and HMS TPL Recovery Unit. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony. Theory of causation field: Petitioner Gaines Hearns alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on January 16, 2013. The respondent's Rule 4(c) report concluded that the injury, lasting over six months, was consistent with SIRVA and that petitioner met the legal prerequisites for compensation. The respondent's proffer stated that compensation was appropriate. The Special Master, Christian J. Moran, found entitlement based on the record. A subsequent decision on November 24, 2015, awarded $75,307.27, consisting of $75,000.00 for damages and $307.27 for lien reimbursement, based on a proffer agreed to by both parties. The specific mechanism of injury, expert testimony, or detailed clinical findings were not described in the public decision. The theory of causation was based on the "Table" for SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00669-0 Date issued/filed: 2014-11-10 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/14/2014) regarding 12 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00669-UNJ Document 15 Filed 11/10/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * GAINES HEARNS, * No. 14-669V * Special Master Christian J. Moran Petitioner, * * v. * Filed: October 14, 2014 * SECRETARY OF HEALTH * AND HUMAN SERVICES, * influenza (“flu”) vaccine; * shoulder injury related to Respondent. * vaccine administration; SIRVA * * * * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer,Conway, Homer, & Chin-Caplan, Boston, MA, for petitioner; Jennifer L. Reynaud, United States Department of Justice, Washington, DC, for respondent. UNPUBLISHED RULING FINDING ENTITLEMENT1 On July 29, 2014, Gaines Hearns filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §300a—10 et. seq., alleging that he suffered a shoulder injury related to his receipt of influenza (“flu”) vaccine on January 16, 2013. In her Rule 4(c) report, respondent states that “compensation is appropriate in this case.” Resp’t Rep’t, filed Oct. 9, 2014, at 1. Respondent adds that the Division of Vaccine Injury Compensation, Department of Health and Human Services, has reviewed the facts of this case and has concluded that the alleged injury, lasting for more than six months, “is consistent with a shoulder injury related to vaccine administration (‘SIRVA’),” and thus that “petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. (citations omitted). 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). Based upon a review of the record as a whole, the undersigned finds that petitioner has established that he is entitled to compensation for his injury. 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 1:14-vv-00669-UNJ Document 15 Filed 11/10/14 Page 2 of 2 Accordingly, Mr. Hearns is entitled to compensation. A status conference is set, sua sponte, for Tuesday, November 4, 2014 at 2:00 P.M. Eastern Time, to discuss the process for quantifying the amount of damages to which Mr. Hearns is entitled. 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 Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00669-1 Date issued/filed: 2015-11-24 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/16/2015) regarding 32 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00669-UNJ Document 36 Filed 11/24/15 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * GAINES HEARNS, * * No. 14-669V Petitioner, * Special Master Christian J. Moran * v. * Filed: October 16, 2015 * SECRETARY OF HEALTH * Damages; decision based on proffer; AND HUMAN SERVICES, * influenza (“flu”) vaccination; * shoulder injury. Respondent. * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner; Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION AWARDING DAMAGES1 On July 29, 2014, Gaines Hearns filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-1 et seq., alleging that the trivalent influenza vaccination caused him to suffer a shoulder injury related to vaccine administration (“SIRVA”). On October 14, 2015, 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 the Proffer. Pursuant to the attached Proffer the court awards petitioner: 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 1:14-vv-00669-UNJ Document 36 Filed 11/24/15 Page 2 of 4 1. A lump sum payment of $75,000.00, in the form of a check payable to petitioner, Gaines Hearns. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a), except as set forth below in paragraph 2; and 2. A lump sum of $307.27, which amount represents reimbursement of a lien for services rendered on behalf of Gaines Hearns, in the form of a check payable jointly to petitioner and HMS TPL Recovery Unit 2000 Interstate Park Dr., Suite 401 Montgomery, AL 36109 Case No: 160873 Petitioner agrees to endorse this payment to the HMS, TPL Recovery Unit. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-669V according to this decision and the attached proffer.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. Case 1:14-vv-00669-UNJ Document 36 Filed 11/24/15 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GAINES HEARNS, Petitioner, v. No. 14-669V SECRETARY OF HEALTH AND Special Master Moran HUMAN SERVICES, ECF Respondent. PROFFER ON AWARD OF COMPENSATION I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $75,307.27, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through the following payments: a. A lump sum of $75,000.00 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), except as set forth in paragraph II.b; and b. A lump sum of $307.27, which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner1 and HMS TPL Recovery Unit 2000 Interstate Park Dr., Suite 401 Montgomery, AL 36109 Case No: 160873 1 Petitioner agrees to endorse this payment to the appropriate State agency. 1 Case 1:14-vv-00669-UNJ Document 36 Filed 11/24/15 Page 4 of 4 Petitioner agrees.2 Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy 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 /s Jennifer L. Reynaud JENNIFER L. REYNAUD Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 305-1586 DATED: October 14, 2015 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 pain and suffering, and future lost wages. 2