VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01045 Package ID: USCOURTS-cofc-1_15-vv-01045 Petitioner: Richard Kaufman Filed: 2015-09-21 Decided: 2016-05-04 Vaccine: influenza Vaccination date: 2014-09-10 Condition: right shoulder injury Outcome: compensated Award amount USD: 110000 AI-assisted case summary: Richard Kaufman filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2015, alleging a right shoulder injury resulting from an influenza vaccination received on September 10, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was a "caused-in-fact" injury under the Vaccine Act. The respondent also confirmed that the claim was timely filed, the vaccine was received in the United States, the condition persisted for more than six months, and no prior compensation had been received. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 22, 2016, finding Mr. Kaufman entitled to compensation. Subsequently, on January 20, 2016, the respondent filed a proffer on award of compensation, proposing an award of $110,000.00, which the petitioner agreed to. On May 4, 2016, Chief Special Master Dorsey issued a decision awarding Mr. Kaufman a lump sum payment of $110,000.00, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Amber Diane Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Robert Paul Coleman, III of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its consistency with SIRVA. Theory of causation field: Petitioner Richard Kaufman alleged a right shoulder injury caused by an influenza vaccination on September 10, 2014. The respondent conceded causation-in-fact for a Shoulder Injury Related to Vaccine Administration (SIRVA). The public text does not detail the specific mechanism of injury, expert testimony, or medical evidence beyond the respondent's concession. The case was resolved via stipulation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 22, 2016, and a decision awarding damages on May 4, 2016. Petitioner was awarded a lump sum of $110,000.00. Attorneys for petitioner were Amber Diane Wilson and for respondent were Robert Paul Coleman, III. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01045-0 Date issued/filed: 2016-05-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2016) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01045-UNJ Document 22 Filed 05/04/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1045V Filed: January 22, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * RICHARD KAUFMAN, * * Petitioner, * Ruling on Entitlement; Concession; * Influenza (“Flu”) Vaccination; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”) * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 21, 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 he suffered a right shoulder injury as a result of his September 10, 2014 influenza vaccination. Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 20, 2016, 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 1-2. Specifically, respondent “concluded that a preponderance of the evidence established that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (‘SIRVA’), and that petitioner’s injury is not due to factors unrelated to the influenza vaccination he received on September 10, 2014.” Id. at 3. 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-01045-UNJ Document 22 Filed 05/04/16 Page 2 of 2 Respondent further agrees that “petitioner’s right shoulder injury is compensable as a ‘caused-in-fact’ injury under that Vaccine Act.” Id. Additionally, respondent indicates that the records demonstrate the claim was timely filed, “that petitioner received a vaccine set forth in the Vaccine Injury Table, and that the vaccine was received in the United States.” Id. Respondent further indicates that petitioner met the statutory requirements by suffering his condition for more than six months, and that the petition indicates petitioner has received no prior compensation in the form of an award or settlement related to his vaccine injury. Id. at 3-4. 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-01045-1 Date issued/filed: 2016-05-04 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/22/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01045-UNJ Document 23 Filed 05/04/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1045V Filed: January 22, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * RICHARD KAUFMAN, * * Petitioner, * Damages Decision Based on Proffer; * Influenza (“Flu”) Vaccination; * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 21, 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 he suffered a right shoulder injury as a result of his September 10, 2014 influenza vaccination. Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration [“SIRVA”]. On January 20, 2016, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $110,000.00. Proffer at 1-2. 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, 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-01045-UNJ Document 23 Filed 05/04/16 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 $110,000.00 in the form of a check payable to petitioner, Richard Kaufman. 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--0011004455--UUNNJJ DDooccuummeenntt 1263 FFiilleedd 0015//2004//1166 PPaaggee 13 ooff 24 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) RICHARD KAUFMAN, ) ) Petitioner, ) ) No. 15-1045V (ECF) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On September 21, 2015, Richard Kaufman (“petitioner”) filed a Petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”). Petitioner alleges that he suffered from a right shoulder injury as a result of receiving an influenza vaccine on September 10, 2014. Petition at 1. Petitioner alleges a theory based on causation-in-fact. On January 20, 2016, respondent filed her Vaccine Rule 4(c) report, conceding causation- in-fact for petitioner’s SIRVA. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $110,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to discuss after the Damages Decision is issued. CCaassee 11::1155--vvvv--0011004455--UUNNJJ DDooccuummeenntt 1263 FFiilleedd 0015//2004//1166 PPaaggee 24 ooff 24 III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $110,000.00, in the form of a check payable to petitioner.2 Petitioner agrees. 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/ Robert P. Coleman III ROBERT P. COLEMAN III Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-0274 Email: Robert.P.Coleman@usdoj.gov DATED: January 20, 2016 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.