VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00450 Package ID: USCOURTS-cofc-1_15-vv-00450 Petitioner: Julia Telonidis Filed: 2015-05-04 Decided: 2018-02-05 Vaccine: hepatitis A Vaccination date: 2012-10-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Julia Telonidis filed a petition for compensation on May 4, 2015, alleging that a hepatitis A vaccination administered on October 19, 2012, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On September 1, 2015, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the vaccine received on October 19, 2012. The respondent also stated that no other causes for the petitioner's SIRVA were identified and that the injury and its sequelae persisted for more than six months after vaccination. Based on the respondent's concession and the evidence, Special Master Denise Kathryn Vowell issued a ruling on entitlement on September 2, 2015, finding Julia Telonidis entitled to compensation. Subsequently, on August 30, 2017, the respondent filed a proffer on award of compensation, proposing an award of $175,000.00, which the petitioner agreed to. Chief Special Master Nora Beth Dorsey issued a decision on February 5, 2018, awarding Julia Telonidis a lump sum payment of $175,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, and later Conway, Homer, P.C. Respondent was represented by Michael Milmoe, and later Darryl R. Wishard, of the U.S. Department of Justice. Theory of causation field: Petitioner Julia Telonidis received a hepatitis A vaccine on October 19, 2012. She alleged this vaccine caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded causation-in-fact for SIRVA, stating the injury was consistent with SIRVA, caused by the vaccine, and persisted for over six months with no other identified causes. The case was assigned to the Special Processing Unit. Special Master Denise Kathryn Vowell issued a ruling on entitlement on September 2, 2015, finding petitioner entitled to compensation. On August 30, 2017, respondent filed a proffer on award of compensation, proposing $175,000.00, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision on February 5, 2018, awarding a lump sum of $175,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or diagnostic findings. Petitioner was represented by Ronald Homer, and respondent by Michael Milmoe and Darryl R. Wishard. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00450-0 Date issued/filed: 2015-09-30 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/02/2015) regarding 17 Ruling on Entitlement ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00450-UNJ Document 21 Filed 09/30/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-450V Filed: September 2, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JULIA TELONIDIS, * * Petitioner, * Ruling on Entitlement; Concession; * Hepatitis A (“hep A”) Vaccine; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer & Chin-Caplan, Boston, MA, for petitioner. Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Vowell, Special Master: On May 4, 2015, Julia Telonidis 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 as a result of a hepatitis A [“hep A”] vaccination on October 19, 2012, she suffered a shoulder injury related to vaccine administration [“SIRVA”]. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 1, 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, 3. Specifically, respondent indicates that she has “concluded that petitioner’s alleged injury is consistent with SIRVA and that it was caused-in-fact by the [] vaccine she received on October 19, 2012.” Id. at 3. Respondent further indicates 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 (2012). Case 1:15-vv-00450-UNJ Document 21 Filed 09/30/15 Page 2 of 2 that she “did not identify any other causes for petitioner’s SIRVA” and that “petitioner’s SIRVA and its sequela persisted for more than six months after the administration of the vaccine.” Id. at 3. In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. IT IS SO ORDERED. s/Denise K. Vowell Denise K. Vowell Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00450-1 Date issued/filed: 2018-02-05 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 8/30/2017) regarding 71 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00450-UNJ Document 78 Filed 02/05/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-450V Filed: August 30, 2017 UNPUBLISHED JULIA TELONIDIS, Special Processing Unit (SPU); Damages Decision Based on Proffer; Petitioner, Hepatitis A (Hep A) Vaccine; v. Shoulder Injury Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On May 4, 2015, 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 alleges that as a result of a hepatitis A [“Hep A”] vaccination on October 19, 2012, she suffered a shoulder injury related to vaccine administration [“SIRVA”]. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 2, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On August 30, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $175,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the 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 1:15-vv-00450-UNJ Document 78 Filed 02/05/18 Page 2 of 4 proffered award. Based 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 $175,000.00 in the form of a check payable to petitioner, Julia Telonidis. 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 1:15-vv-00450-UNJ Document 78 Filed 02/05/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) JULIA TELONIDIS, ) ) Petitioner, ) No. 15-450V ECF ) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On May 4, 2015, Julia Telonidis (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. She alleged that, as a result of receiving the Hepatitis A vaccine on October 19, 2012, she suffered a left shoulder injury. Petition at 2-10. On September 1, 2015, respondent filed his Vaccine Rule 4(c) report, conceding causation-in-fact for petitioner’s shoulder injury related to vaccine administration (“SIRVA”). On September 2, 2015, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $175,000.00, which represents all elements of compensation to which petitioner 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:15-vv-00450-UNJ Document 78 Filed 02/05/18 Page 4 of 4 would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $175,000.00, in the form of a check payable to petitioner.2 Petitioner agrees. Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/Darryl R. Wishard DARRYL R. WISHARD Senior Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4357 Dated: August 30, 2017 Fax: (202) 616-4310 2 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. 2