VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00759 Package ID: USCOURTS-cofc-1_15-vv-00759 Petitioner: Sandra G. Price Filed: 2015-12-18 Decided: 2016-08-29 Vaccine: influenza Vaccination date: 2014-09-10 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Sandra G. Price filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered arm and shoulder injuries caused by her influenza and Tdap vaccinations received on September 10, 2014. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Price was entitled to compensation. The respondent concluded that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused in fact by the flu and/or Tdap vaccines. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Price entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $125,000.00, which Ms. Price agreed to. The court awarded Ms. Price a lump sum payment of $125,000.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00759-0 Date issued/filed: 2016-04-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/18/2015) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00759-UNJ Document 25 Filed 04/27/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-759V Filed: December 18, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * SANDRA G. PRICE, * * Petitioner, * Ruling on Entitlement; Concession; * Influenza (“Flu”) Vaccination; Tetanus- * Diphtheria-acellular-Pertussis (“Tdap”) SECRETARY OF HEALTH * Vaccination; Shoulder Injury Related to AND HUMAN SERVICES, * Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * William Patrick Ronan III, The Ronan Law Firm, Overland Park, KS, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On July 20, 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 arm and shoulder injuries that were caused in fact by her the influenza [“flu”] and tetanus-diphtheria-acellular-pertussis [“Tdap”] vaccinations she received on September 10, 2014. Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 16, 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 a shoulder injury related to vaccine administration (‘SIRVA’), and that it was caused in fact by the flu and/or Tdap vaccines she received on or about 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-00759-UNJ Document 25 Filed 04/27/16 Page 2 of 2 September 10, 2014.” Id. at 4. Respondent further agrees that “petitioner has met the statutory requirements for entitlement to compensation.” Id. at 4-5. In view of respondent’s concession and the evidence before me, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-00759-1 Date issued/filed: 2016-08-29 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 07/01/2016) regarding 31 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00759-UNJ Document 40 Filed 08/29/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-759V Filed: July 1, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SANDRA G. PRICE, * * Petitioner, * Damages Decision Based on Proffer; v. * Tetanus-Diphtheria-acellular-Pertussis * (“Tdap”) Vaccination; Influenza (“Flu”) SECRETARY OF HEALTH * Vaccination; Shoulder Injury Related to AND HUMAN SERVICES, * Vaccine Administration (“SIRVA”); * Special Processing Unit (“SPU”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * William Patrick Ronan III, The Ronan Law Firm, Overland Park, KS, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On July 20, 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 arm and shoulder injuries that were caused in fact by her influenza (“flu”) and tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccinations she received on September 10, 2014. Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 18, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On July 1, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $125,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. 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-00759-UNJ Document 40 Filed 08/29/16 Page 2 of 4 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 $125,000.00 in the form of a check payable to petitioner, Sandra G. Price. 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-00759-UNJ Document 40 Filed 08/29/16 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SANDRA G. PRICE, ) ) Petitioner, ) No. 15-759V v. ) Chief Special Master Dorsey ) ECF 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 $125,000.00. 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 through a lump sum payment as described below, and request that the special master’s decision and the Court’s judgment award the following:1 A lump sum payment of $125,000.00 in the form of a check payable to petitioner, Sandra G. Price. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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. Case 1:15-vv-00759-UNJ Document 40 Filed 08/29/16 Page 4 of 4 Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division CATHARINE E. REEVES Acting Deputy Director Torts Branch, Civil Division LINDA S. RENZI Senior Trial Counsel Torts Branch, Civil Division s/Traci R. Patton TRACI R. PATTON Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice Ben Franklin Station, P.O. Box 146 Washington, D.C. 20044-0146 Tel.: (202) 353-1589 DATE: July 1, 2016 2