VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00854 Package ID: USCOURTS-cofc-1_15-vv-00854 Petitioner: Janelle Current Filed: 2015-12-18 Decided: 2016-05-06 Vaccine: influenza Vaccination date: 2014-10-06 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 71000 AI-assisted case summary: Janelle Current filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury caused by the influenza vaccination she received on October 6, 2014. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent conceded entitlement to compensation, agreeing that the alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that petitioner met the statutory requirements. Following the ruling on entitlement, the parties submitted a proffer on the award of compensation. Respondent proposed an award of $60,000.00 for pain and suffering and $11,000.00 for past lost wages, totaling $71,000.00. The parties agreed that there were no other related expenses or losses. The Chief Special Master awarded Janelle Current a lump sum payment of $71,000.00, representing compensation for pain and suffering and past lost wages. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00854-0 Date issued/filed: 2016-04-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/18/2015) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00854-UNJ Document 30 Filed 04/27/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-854V Filed: December 18, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JANELLE CURRENT, * * Petitioner, * Ruling on Entitlement; Concession; * Influenza Vaccination; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul Brazil, Muller Brazil LLP, Dresher, PA, for petitioner. Debra Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On August 10, 2015, Janelle Current (“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 caused in fact by the influenza vaccination she received on October 6, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 18, 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 that the alleged injury is consistent SIRVA that was caused by the administration of petitioner’s flu vaccination.” Id. at 3. Respondent agrees that “petitioner meets the statutory requirements by suffering the 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-00854-UNJ Document 30 Filed 04/27/16 Page 2 of 2 condition for more than six months . . . [and] has satisfied all legal prerequisites for compensation under the Vaccine Act.” Id. In view of respondent’s concession and the evidence before me, I find 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-00854-1 Date issued/filed: 2016-05-06 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/19/2016) regarding 21 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00854-UNJ Document 31 Filed 05/06/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-854V Filed: February 19, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * JANELLE CURRENT, * * Petitioner, * Damages Decision Based on Proffer; * Influenza (“Flu”) Vaccine; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul Brazil, Muller Brazil LLP, Dresher, PA, for petitioner. Debra Begley, U.S. Department of Justice, Washington, DC for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On August 10, 2015, Janelle Current (“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 caused in fact by the influenza vaccination she received on October 6, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 18, 2015, the undersigned issued a ruling on entitlement, finding that petitioner was entitled to compensation. On February 19, 2016, respondent filed a proffer on award of compensation [“Proffer”] stating that petitioner should be awarded $60,000.00 for pain and suffering and $11,000.00 for payment of past lost wages for a total award of $71,000.00. Proffer at 1. According to respondent’s Proffer, the parties 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 (2012)). 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-00854-UNJ Document 31 Filed 05/06/16 Page 2 of 4 “agree that there are no past or future unreimbursed expenses or future wage loss that is related to petitioner’s vaccine-related injury”, and petitioner agrees to the proposed award of compensation. Id. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $71,000.00 in the form of a check payable to petitioner, Janelle Current, representing $60,000.00 for pain and suffering and $11,000.00 for payment of past lost wages. 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 each party filing a notice renouncing the right to seek review. 2 CCaassee 11::1155--vvvv--0000885544--UUNNJJ DDooccuummeenntt 2301 FFiilleedd 0025//1096//1166 PPaaggee 13 ooff 24 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* JANELLE CURRENT, * * Petitioner, * No. 15-854V * CHIEF SPECIAL MASTER v. * NORA BETH DORSEY * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) Report, filed on December 17, 2015, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $71,000.00, consisting of $60,000.00 in pain and suffering and $11,000.00 for payment of a past lost wages. These payments represent all elements of competition to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury.1 The parties agree that there are no past or future unreimbursed expenses or future wage loss that is related to petitioner’s vaccine- related injury. Petitioner agrees. 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::1155--vvvv--0000885544--UUNNJJ DDooccuummeenntt 2301 FFiilleedd 0025//1096//1166 PPaaggee 24 ooff 24 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: A lump sum of $71,000.00 in the form of a check payable to petitioner, Janelle Current. 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. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division HEATHER L. PEARLMAN Senior Trial Attorney Torts Branch, Civil Division /s/ DEBRA A. FILTEAU BEGLEY DEBRA A. FILTEAU BEGLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: February 19, 2016 2