VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01041 Package ID: USCOURTS-cofc-1_14-vv-01041 Petitioner: Christine Haley Filed: 2015-02-02 Decided: 2015-04-24 Vaccine: influenza Vaccination date: 2013-01-16 Condition: adhesive capsulitis; shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 127082 AI-assisted case summary: Christine Haley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered adhesive capsulitis, also known as a shoulder injury related to vaccine administration (SIRVA), caused by the flu vaccine she received on January 16, 2013. The respondent, the Secretary of Health and Human Services, conceded that Ms. Haley was entitled to compensation. The respondent agreed that her injury was consistent with SIRVA, was caused by the flu vaccine, lasted for more than six months, and was not due to unrelated factors. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Haley entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $127,082.86, representing all elements of compensation available under the Vaccine Act, which Ms. Haley accepted. The court awarded Ms. Haley a lump sum payment of $127,082.86. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01041-0 Date issued/filed: 2015-02-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/02/2015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01041-UNJ Document 16 Filed 02/24/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1041V Filed: February 2, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHRISTINE HALEY, * * Petitioner, * Ruling on Entitlement; Concession; * Influenza or Flu Vaccine; Adhesive * Capsulitis; Shoulder Injury Related to SECRETARY OF HEALTH * Vaccine Administration; SIRVA; AND HUMAN SERVICES, * Special Processing Unit * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Joseph Pepper, Esq. (acting for Ronald Homer), Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent. RULING ON ENTITLEMENT1 Vowell, Chief Special Master: On October 27, 2014, Christine Haley filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered adhesive capsulitis which was caused by the flu vaccine she received on January 16, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 29, 2015, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent believes petitioner’s injury “is consistent with a shoulder injury related to vaccine administration (SIRVA)” (id. at 1) and agrees that “the injury to petitioner’s right shoulder was caused-in-fact by the administration of her 1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to post it 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)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:14-vv-01041-UNJ Document 16 Filed 02/24/15 Page 2 of 2 January 16, 2013 flu vaccine” (id. at 4). Respondent further agrees that petitioner’s injury lasted for more than six months and “is not due to factors unrelated to the administration of the flu vaccine.” Id. at 4. In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-01041-1 Date issued/filed: 2015-05-15 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 04/24/2015) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01041-UNJ Document 22 Filed 05/15/15 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1041V Filed: April 24, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHRISTINE HALEY, * * Petitioner, * Damages Decision Based on Proffer; * Influenza or Flu Vaccine; Adhesive * Capsulitis; Shoulder Injury Related to SECRETARY OF HEALTH * Vaccine Administration; SIRVA; AND HUMAN SERVICES, * Special Processing Unit * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Joseph Pepper, Esq. (acting for Ronald Homer), Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent. DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On October 27, 2014, Christine Haley filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered adhesive capsulitis which was caused by the flu vaccine she received on January 16, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 2, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On April 24, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $127,082.86 “which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).” Proffer at 1. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it 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)). 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). Case 1:14-vv-01041-UNJ Document 22 Filed 05/15/15 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $127,082.86 in the form of a check payable to petitioner, Christine Haley. This amount represents compensation for all damages that would be available under § 300aa-15(a). The clerk of the court is directed to enter judgment in accordance with this decision.3 s/Denise K. Vowell Denise K. Vowell Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 CCaassee 11::1144--vvvv--0011004411--UUNNJJ DDooccuummeenntt 1282 FFiilleedd 0045//2145//1155 PPaaggee 13 ooff 24 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) CHRISTINE HALEY, ) ) Petitioner, ) ) No. 14-1041V v. ) Chief Special Master Vowell ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $127,082.86, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $127,082.86 in the form of a check payable to petitioner. Petitioner agrees. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division 1 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. CCaassee 11::1144--vvvv--0011004411--UUNNJJ DDooccuummeenntt 1282 FFiilleedd 0045//2145//1155 PPaaggee 24 ooff 24 VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division MICHAEL P. MILMOE Senior Trial Counsel Torts Branch, Civil Division s/ ANN D. MARTIN ANN D. MARTIN Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 307-1815 DATED: April 24, 2015 2