VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00335 Package ID: USCOURTS-cofc-1_16-vv-00335 Petitioner: Sarah Fields Filed: 2016-09-08 Decided: 2016-11-03 Vaccine: influenza Vaccination date: 2014-10-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Sarah Fields filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury caused in fact by her October 21, 2014 influenza vaccination. The case was assigned to the Special Processing Unit. The respondent conceded that petitioner's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccine. Respondent also agreed that no other cause for the injury was identified and that petitioner had suffered sequelae for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued, finding petitioner entitled to compensation. Subsequently, a decision awarding damages was issued based on a proffer from the respondent, indicating that petitioner should be awarded $125,000.00. The court awarded Sarah Fields a lump sum payment of $125,000.00, representing compensation for all available damages. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00335-0 Date issued/filed: 2016-11-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/08/2016) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00335-UNJ Document 22 Filed 11/03/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-335V Filed: September 8, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SARAH FIELDS, * * Petitioner, * Ruling on Entitlement; Concession; v. * Shoulder Injury; SIRVA; * Influenza; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On March 15, 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 alleges that she suffered a shoulder injury caused in fact by her October 21, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 7, 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. Specifically, respondent “has concluded that petitioner’s alleged injury is consistent with shoulder injury related to vaccine administration (SIRVA), and that it was caused-in-fact by the flu vaccine she received on October 21, 2014.” Id. at 4. Respondent further agrees that no other cause for petitioner’s injury has been identified, that petitioner has suffered sequela of her injury for more than six months, and that 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). Case 1:16-vv-00335-UNJ Document 22 Filed 11/03/16 Page 2 of 2 petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. 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_16-vv-00335-1 Date issued/filed: 2016-11-03 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/08/2016) regarding 17 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00335-UNJ Document 23 Filed 11/03/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-335V Filed: September 8, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SARAH FIELDS, * * Petitioner, * Damages Decision Based on Proffer; v. * Influenza; * Shoulder Injury; SIRVA; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximilian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On March 15, 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 alleges that she suffered a shoulder injury caused in fact by her October 21, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 8, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”). Respondent included a Proffer on Award of Compensation (“Proffer”) in her Rule 4(c) Report filed on September 7, 2016, indicating petitioner should be awarded $125,000.00. In the Proffer, respondent represented that petitioner agrees with the 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-00335-UNJ Document 23 Filed 11/03/16 Page 2 of 2 proffered award. 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 Proffer, the undersigned awards petitioner a lump sum payment of $125,000.00 in the form of a check payable to petitioner, Sarah Fields. 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