VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01035 Package ID: USCOURTS-cofc-1_15-vv-01035 Petitioner: Angeline Oldfield Filed: 2015-09-17 Decided: 2016-05-18 Vaccine: influenza Vaccination date: 2013-10-07 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 92500 AI-assisted case summary: Angeline Oldfield filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered debilitating pain and restricted range of motion in her left shoulder and arm, caused by the trivalent influenza vaccine she received on October 7, 2013. She also alleged that the vaccine aggravated an underlying condition, leading to her shoulder and arm issues. The respondent, the Secretary of Health and Human Services, conceded that Ms. Oldfield suffered a non-Table injury of SIRVA and that the injury was causally related to the flu vaccination. The respondent further agreed that Ms. Oldfield met the statutory requirements for compensation, including suffering the condition for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Ms. Oldfield entitled to compensation. Subsequently, the parties filed a joint stipulation agreeing that Ms. Oldfield should be awarded $92,500.00. The court issued a decision awarding this lump sum payment to Ms. Oldfield, representing compensation for all damages available under the Act. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01035-0 Date issued/filed: 2016-04-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/07/2015) regarding 13 Ruling on Entitlement, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01035-UNJ Document 21 Filed 04/26/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1035V Filed: December 7, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * ANGELINE OLDFIELD, * * Petitioner, * Ruling on Entitlement; Concession; * Trivalent Influenza (“Flu”) Vaccine; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Elizabeth Muldowney, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for petitioner. Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 17, 2015, Angeline Oldfield (“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 “debilitating pain and restricted range of motion in her left shoulder and arm, which was ‘caused-in-fact’” by the trivalent influenza (“flu”) vaccine she received on October 7, 2013. Petition at 1. In the alternative, petitioner alleges that the flu vaccine she received significantly aggravated an underlying condition “resulting in her development of pain and decreased range of motion in her left arm.” Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 7, 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 “concluded that petitioner suffered a non- 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-01035-UNJ Document 21 Filed 04/26/16 Page 2 of 2 Table injury of SIRVA and that the preponderance of the medical evidence indicates that the injury was causally related to the flu vaccination she received on October 7, 2013.” Id. at 4. Respondent further agrees that “petitioner met the statutory requirements by suffering the condition for more than six months . . . [and] has satisfied all legal prerequisites for compensation under the Act.” Id. In view of respondent’s concession and the evidence before me, the undersigned finds that petitioner is entitled to compensation. Additionally, the December 7, 2015 deadline for respondent’s status report is deemed moot and terminated. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-01035-1 Date issued/filed: 2016-06-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/18/2016) regarding 29 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01035-UNJ Document 33 Filed 06/16/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1035V Filed: May 18, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * ANGELINE OLDFIELD, * * Petitioner, * Damages Decision Based on v. * Stipulation; Trivalent Influenza Vaccine; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Elizabeth Muldowney, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for petitioner. Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 17, 2015, Angeline Oldfield (“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 “debilitating pain and restricted range of motion in her left shoulder and arm, which was ‘caused-in-fact’” by the trivalent influenza (“flu”) vaccine she received on October 7, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 7, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury. On May 18, 2016, respondent filed a joint stipulation by the parties stipulating that petitioner should be awarded $92,500.00. Stipulation at ¶ 9. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the stipulation. 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-01035-UNJ Document 33 Filed 06/16/16 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, the undersigned awards petitioner a lump sum payment of $92,500.00 in the form of a check payable to petitioner, Angeline Oldfield. 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 CCaassee 11::1155--vvvv--0011003355--UUNNJJ DDooccuummeenntt 2383 FFiilleedd 0056//1186//1166 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0011003355--UUNNJJ DDooccuummeenntt 2383 FFiilleedd 0056//1186//1166 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0011003355--UUNNJJ DDooccuummeenntt 2383 FFiilleedd 0056//1186//1166 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0011003355--UUNNJJ DDooccuummeenntt 2383 FFiilleedd 0056//1186//1166 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0011003355--UUNNJJ DDooccuummeenntt 2383 FFiilleedd 0056//1186//1166 PPaaggee 57 ooff 57