VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01235 Package ID: USCOURTS-cofc-1_14-vv-01235 Petitioner: Vincent J. Christiancy Filed: 2014-12-24 Decided: 2016-05-31 Vaccine: influenza Vaccination date: 2013-10-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 432125 AI-assisted case summary: Vincent J. Christiancy filed a petition on December 24, 2014, alleging that he suffered a shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), caused by the trivalent influenza vaccine he received on October 16, 2013. The respondent, represented by Lara Englund of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Mr. Christiancy's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccination. The respondent also agreed that the injury lasted for more than six months and no other cause was identified. Based on this concession, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 31, 2015, finding Mr. Christiancy entitled to compensation. Subsequently, on May 2, 2016, the parties submitted a proffer on the award of compensation. Chief Special Master Nora Beth Dorsey, with petitioner represented by Matthew N. Menzer of Menzer Law Firm, PLLC, issued a decision on May 31, 2016, awarding Mr. Christiancy a lump sum payment of $432,125.90. This amount represents compensation for all damages available under the Vaccine Act. The petitioner was noted to be a competent adult. Theory of causation field: Petitioner Vincent J. Christiancy received a trivalent influenza vaccine on October 16, 2013, and subsequently developed Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA, was caused-in-fact by the vaccination, lasted more than six months, and no other cause was identified. The case proceeded on concession, and entitlement was granted by Chief Special Master Denise Kathryn Vowell on March 31, 2015. A subsequent proffer on award of compensation was filed by respondent, with petitioner represented by Matthew N. Menzer and respondent by Lara Englund. Chief Special Master Nora Beth Dorsey awarded petitioner $432,125.90 as a lump sum payment on May 31, 2016, representing all damages under 42 U.S.C. § 300aa-15(a). The specific mechanism of injury and expert testimony were not detailed in the provided public text, but the concession by the respondent established causation for an off-Table injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01235-0 Date issued/filed: 2015-04-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/31/2015) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01235-UNJ Document 16 Filed 04/24/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1235V Filed: March 31, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * VINCENT J. CHRISTIANCY, * * Petitioner, * Ruling on Entitlement; Concession; * Trivalent Influenza or Flu Vaccine; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration; SIRVA; Special AND HUMAN SERVICES, * Processing Unit * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Matthew Menzer, Esq.,Menzer Law Firm, PLLC, Seattle, WA for petitioner. Lara Englund, Esq., U.S. Department of Justice, Washington, DC for respondent. RULING ON ENTITLEMENT1 Vowell, Chief Special Master: On December 24, 2014, Vincent J. Christiancy 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 he suffered a shoulder injury which was caused by the trivalent influenza vaccination he received on October 16, 2013. Petition at 1-2, 6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 30, 2015, respondent filed her Rule 4(c) report in which she agrees that “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (SIRVA) . . . [and] petitioner’s SIRVA was caused-in-fact by the flu vaccination he received on October 16, 2013.” Respondent’s Rule 4(c) Report at 3. 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-01235-UNJ Document 16 Filed 04/24/15 Page 2 of 2 Respondent further agrees that petitioner’s injury lasted for more than six months and no other cause for petitioner’s injury was identified. Id. at 3-4. 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-01235-1 Date issued/filed: 2016-05-31 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/02/2016) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01235-UNJ Document 39 Filed 05/31/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1235V Filed: May 2, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * VINCENT J. CHRISTIANCY, * * Petitioner, * Damages Decision Based on Proffer; * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Matthew N. Menzer, Menzer Law Firm, PLLC, Seattle, WA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On December 24, 2014, Vincent J. Christiancy (“petitioner”) 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 alleged that he suffered a shoulder injury which was caused by the influenza (“flu”) vaccine he received on October 16, 2013. Petition at 1-2, 6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 31, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation. On May 2, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $432,125.90. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 (2012). Case 1:14-vv-01235-UNJ Document 39 Filed 05/31/16 Page 2 of 4 on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $432,125.90, in the form of a check payable to petitioner, Vincent J. Christiancy. 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 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 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 1:14-vv-01235-UNJ Document 39 Filed 05/31/16 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS VINCENT J. CHRISTIANCY, ) ) Petitioner, ) ) v. ) No. 14-1235V ) Chief Special Master Nora Beth Dorsey SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items Respondent proffers that, based on the evidence of record, petitioner should be awarded $432,125.90. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner should be made as a lump sum payment of $432,125.90, in the form of a check payable to petitioner.1 Petitioner is a competent adult. Evidence of guardianship is not required in this case. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. Case 1:14-vv-01235-UNJ Document 39 Filed 05/31/16 Page 4 of 4 RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division GLENN A. MACLEOD Senior Trial Counsel Torts Branch, Civil Division s/ LARA A. ENGLUND LARA A. ENGLUND 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) 307-3013 E-mail: lara.a.englund@usdoj.gov DATE: May 2, 2016 2