VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01450 Package ID: USCOURTS-cofc-1_15-vv-01450 Petitioner: Jamie Edwardson Filed: 2015-12-01 Decided: 2016-05-27 Vaccine: influenza Vaccination date: 2014-10-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Jamie Edwardson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a severe shoulder injury after receiving an influenza vaccination on October 13, 2014. The respondent, the Secretary of Health and Human Services, conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused in fact by the influenza vaccine. The respondent also confirmed that no other causes were identified and that Ms. Edwardson met the statutory requirements by suffering the condition for more than six months. Based on the respondent's concession and the evidence, the court found Ms. Edwardson entitled to compensation. A subsequent decision awarded her $75,000.00 as a lump sum payment for all damages available under the Vaccine Act. The case was processed as a Table claim, and the award was based on a proffer agreed upon by both parties. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01450-0 Date issued/filed: 2016-05-27 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 04/19/2016) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01450-UNJ Document 29 Filed 05/27/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1450V Filed: April 19, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * JAMIE EDWARDSON, * * Petitioner, * Damages Decision Based on Proffer; * Influenza Vaccine (“Flu Vaccine”); v. * Shoulder Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Camille Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On December 1, 2015, Jamie Edwardson (“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 severe injury to her shoulder injury after receiving an influenza vaccination on October 13, 2014.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 25, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On April 18, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered 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-01450-UNJ Document 29 Filed 05/27/16 Page 2 of 4 award. Id. 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 $75,000.00 in the form of a check payable to petitioner, Jamie Edwardson. 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--0011445500--UUNNJJ DDooccuummeenntt 1299 FFiilleedd 0045//1287//1166 PPaaggee 13 ooff 24 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JAMIE EDWARDSON, Petitioner, v. No. 15-1450V Chief Special Master Nora Beth Dorsey SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items For purposes of this Proffer, the term “vaccine-related” is described in Respondent’s Rule 4(c) Report, filed on March 24, 2016, conceding entitlement in this case. Respondent proffers that, based on the evidence of record, petitioner should be awarded $75,000.00. 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 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 pain and suffering, and future lost wages. CCaassee 11::1155--vvvv--0011445500--UUNNJJ DDooccuummeenntt 1299 FFiilleedd 0045//1287//1166 PPaaggee 24 ooff 24 A. A lump sum payment of $75,000.00, in the form of a check payable to petitioner, Jamie Edwardson. 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 MICHAEL P. MILMOE Senior Trial Counsel Torts Branch, Civil Division s/Camille M. Collett CAMILLE M. COLLETT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4098 DATE: April 18, 2016 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_15-vv-01450-1 Date issued/filed: 2016-09-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/25/2016) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01450-UNJ Document 30 Filed 09/21/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1450V Filed: March 25, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * JAMIE EDWARDSON, * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Camille Collett, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On December 1, 2015, Jamie Edwardson (“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 severe injury to her shoulder injury after receiving an influenza vaccination on October 13, 2014.” Petition at 1; accord. Petition at ¶¶ 1, 4, 8. Petitioner further alleges that she has suffered the residual effects of her injury for more than six months, and neither she nor anyone else has received compensation or has filed a civil action for her injury alleged as vaccine caused. Id. at ¶¶ 7, 9. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 24, 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 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 (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, 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-01450-UNJ Document 30 Filed 09/21/16 Page 2 of 2 at 5. Specifically, respondent “believes that the alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) and it was caused in fact by the influenza vaccine she received on October 13, 2014.” Id. Furthermore, respondent “did not identify any other causes for petitioner’s SIRVA, and based on the medical records outlined above, petitioner met the statutory requirements by suffering the condition for more than six months.” 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