VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00740 Package ID: USCOURTS-cofc-1_15-vv-00740 Petitioner: Amy Loeding Filed: 2015-10-15 Decided: 2016-09-22 Vaccine: influenza Vaccination date: 2014-10-10 Condition: shoulder injury related to vaccine administration (SIRVA) and brachial neuritis Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Amy Loeding filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) and brachial neuritis after receiving an influenza vaccination on October 10, 2014. The case was assigned to the Special Processing Unit. Respondent conceded that petitioner's injury was consistent with SIRVA, that it was caused by the flu vaccination, and that no other causes were identified. Respondent also agreed that the injury persisted for at least six months and that all legal prerequisites for compensation were met. Based on this concession, the court issued a ruling on entitlement, finding Amy Loeding entitled to compensation. Subsequently, respondent filed a proffer on award of compensation, recommending an award of $100,000.00. Petitioner agreed with this proffered award. The court awarded Amy Loeding a lump sum payment of $100,000.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00740-0 Date issued/filed: 2015-11-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/15/2015) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00740-UNJ Document 18 Filed 11/16/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-740V Filed: October 15, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * AMY LOEDING, * * Petitioner, * Ruling on Entitlement; Concession; * Influenza; * Shoulder Injury (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On July 16, 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” or “Program”]. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) and brachial neuritis as a result of her October 10, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 13, 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 “has concluded that petitioner’s alleged injury is consistent with SIRVA; that a preponderance of evidence establishes that her SIRVA was caused in fact by the flu vaccination she received on October 10, 2014; and that no other causes for petitioner’s SIRVA were identified.” Id. at 2-3. Respondent further 1 Because this unpublished ruling 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, 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, 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-00740-UNJ Document 18 Filed 11/16/15 Page 2 of 2 agrees that petitioner’s injury persisted for at least six months and that all legal prerequisites for compensation under the Vaccine Act have been satisfied. Id. In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00740-2 Date issued/filed: 2016-09-22 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/18/2016) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00740-UNJ Document 38 Filed 09/22/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-740V Filed: March 18, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * AMY LOEDING, * * Petitioner, * Damages Decision Based on Proffer; * Influenza; * Shoulder Injury (SIRVA); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On July 16, 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”) and brachial neuritis following receipt of her October 10, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 15, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On March 18, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $100,000.00. 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-00740-UNJ Document 38 Filed 09/22/16 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 $100,000.00 in the form of a check payable to petitioner, Amy Loeding. 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. Case 1:15-vv-00740-UNJ Document 38 Filed 09/22/16 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS AMY LOEDING, Petitioner, v. No. 15-740V Chief Special Master Nora Beth Dorsey SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 13, 2015, respondent filed her Rule 4(c) Report, in which she recommended that the Court find petitioner entitled to compensation, and on October 15, 2015, the Court entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers that petitioner receive an award of a lump sum of $100,000.00 in the form of a check payable to petitioner. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 Petitioner agrees with the proffered award of $100,000.00. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division 1 This proffer does not include any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e). 1 Case 1:15-vv-00740-UNJ Document 38 Filed 09/22/16 Page 4 of 4 VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division ALTHEA W. DAVIS Senior Trial Counsel Torts Branch, Civil Division s/ RYAN D. PYLES RYAN D. PYLES Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-9847 Dated: March 18, 2016 2