VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00234 Package ID: USCOURTS-cofc-1_16-vv-00234 Petitioner: Meghan Lee Stapleton Filed: 2016-02-17 Decided: 2017-08-16 Vaccine: influenza Vaccination date: 2011-10-26 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 145000 AI-assisted case summary: Meghan Lee Stapleton filed a petition for compensation under the National Vaccine Injury Compensation Program on February 17, 2016. She alleged that she received a seasonal influenza vaccine in her left shoulder on October 26, 2011, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the alleged injury was consistent with SIRVA and was caused by the flu vaccine, and that there were no other identified causes. The respondent also noted that the petitioner had suffered the condition for more than six months, satisfying the prerequisites for compensation. On May 31, 2016, the court issued a ruling on entitlement, finding Meghan Lee Stapleton entitled to compensation. Subsequently, on February 15, 2017, the respondent filed a proffer on award of compensation, recommending an award of $145,000.00, which the petitioner agreed to. The court awarded Meghan Lee Stapleton a lump sum payment of $145,000.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00234-0 Date issued/filed: 2016-06-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/31/2016) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00234-UNJ Document 18 Filed 06/27/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-234V Filed: May 31, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEGHAN LEE STAPLETON, * * Petitioner, * Ruling on Entitlement; Concession; v. * Influenza (“flu”) Vaccine; Shoulder * Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Timothy P. Clancy, Stauffer & Nathan, P.C., Tulsa, OK, for petitioner. Julia W. McInerny, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On February 17, 2016, Meghan Lee Stapleton (“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”).3 Petitioner alleges that she received a seasonal influenza (“flu”) vaccine in her left shoulder on October 26, 2011, and subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result. See generally Petition at 1-4. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On May 27, 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. 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). 3 Petitioner filed a civil action on October 21, 2013, which was dismissed on May 19, 2015, and timely filed in this Court consistent with § 11(a)(2)(B). Case 1:16-vv-00234-UNJ Document 18 Filed 06/27/16 Page 2 of 2 at 2. Specifically, respondent “believes that the alleged injury is consistent with SIRVA, and that it was caused in fact by the flu vaccine petitioner received on October 26, 2011.” Id. at 8. Respondent further stated that she “did not identify any other causes for petitioner’s SIRVA,” and that based on the medical records, petitioner has “suffer[ed] the condition for more than six months.” Id. “Therefore, based on the record as it now stands, petitioner has satisfied all prerequisites for compensation under the Act.” Id. In view of respondent’s concession and the evidence of record, 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_16-vv-00234-1 Date issued/filed: 2017-08-16 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/16/2017) regarding 39 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00234-UNJ Document 52 Filed 08/16/17 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-234V Filed: February 16, 2017 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEGHAN LEE HELTON, * * Petitioner, * * Damages Decision Based on Proffer; v. * Influenza (“flu”) Vaccine; Shoulder * Injury Related to Vaccine SECRETARY OF HEALTH * Administration (“SIRVA”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Timothy P. Clancy, Stauffer & Nathan, P.C., Tulsa, OK, for petitioner. Amy P. Kokot, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On February 17, 2016, 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 alleged that she received a seasonal influenza (“flu”) vaccine in her left shoulder on October 26, 2011, and subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On May 31, 2016, the undersigned issued a ruling on entitlement finding petitioner entitled to compensation for a SIRVA. On February 15, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $145,000.00. Proffer at 1. In the Proffer, respondent represented that 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 1:16-vv-00234-UNJ Document 52 Filed 08/16/17 Page 2 of 4 petitioner agrees with the proffered 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 $145,000.00 in the form of a check payable to petitioner, Meghan Lee Helton. 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 1:16-vv-00234-UNJ Document 52 Filed 08/16/17 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MEGHAN LEE HELTON, ) ) Petitioner, ) ) No. 16-234V (ECF) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On May 31, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner should be awarded $145,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner be made through a lump sum payment of $145,000.00 in the form of a check payable to petitioner.1 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 1 Should petitioner die prior to the entry of judgment, respondent reserves 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. 1 Case 1:16-vv-00234-UNJ Document 52 Filed 08/16/17 Page 4 of 4 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Senior Trial Attorney Torts Branch, Civil Division s/Amy P. Kokot AMY P. KOKOT Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4118 Dated: February 15, 2017 2