VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00428 Package ID: USCOURTS-cofc-1_16-vv-00428 Petitioner: Marsha Crawford Filed: 2016-04-04 Decided: 2016-11-04 Vaccine: pneumococcal conjugate Vaccination date: 2015-04-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Marsha Crawford filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2016, alleging that she developed a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate (Prevnar 13) vaccine on April 16, 2015. The respondent conceded that petitioner's injury was consistent with SIRVA and was not due to factors unrelated to the vaccination. The respondent also confirmed that petitioner met all statutory and jurisdictional requirements, including the condition persisting for more than six months. Based on the respondent's concession and the evidence, the court ruled on entitlement on June 30, 2016, finding Marsha Crawford entitled to compensation. Subsequently, on September 9, 2016, the respondent filed a proffer on award of compensation, proposing an award of $70,000.00, which petitioner agreed to. The court issued a decision awarding Marsha Crawford a lump sum payment of $70,000.00 on November 4, 2016. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00428-0 Date issued/filed: 2016-08-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/30/2016) regarding 10 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00428-UNJ Document 14 Filed 08/16/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0428V Filed: June 30, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * MARSHA CRAWFORD, * * Petitioner, * Ruling on Entitlement; Concession; * Pneumococcal Conjugate Vaccine; v. * Prevnar 13; Shoulder Injury Related * to Vaccine Administration (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Justine E. Walters, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On April 4, 2016, Marsha Crawford (“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 developed shoulder injuries as a result of a pneumococcal conjugate (Prevnar 13) vaccination she received on April 16, 2015. Pet. at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On June 30, 2016, respondent filed her Rule 4(c) Report in which she concedes that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1. Specifically, respondent stated that the evidence establishes that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”), and that the injury is not 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-00428-UNJ Document 14 Filed 08/16/16 Page 2 of 2 due to factors unrelated to her April 16, 2015, pneumococcal conjugate vaccination. Id. at 3. Respondent further stated that petitioner has met all statutory and jurisdictional requirements, including having suffered the condition for more than six months. Id. at 3- 4. Respondent concludes that entitlement to compensation is appropriate under the terms of the Vaccine Act. Id. at 4. 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-00428-1 Date issued/filed: 2016-11-04 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 09/09/2016) regarding 16 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00428-UNJ Document 21 Filed 11/04/16 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0428V Filed: September 9, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * MARSHA CRAWFORD, * * Petitioner, * Damages Decision Based on Proffer; v. * Pneumococcal Conjugate Vaccine; * Prevnar 13; Shoulder Injury Related SECRETARY OF HEALTH * to Vaccine Administration (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Justine E. Walters, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On April 4, 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” or “Program”). Petitioner alleged that she developed shoulder injuries as a result of a pneumococcal conjugate (Prevnar 13) vaccination she received on April 16, 2015. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On June 30, 2016, the undersigned issued a ruling on entitlement finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On September 9, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $70,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based 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-00428-UNJ Document 21 Filed 11/04/16 Page 2 of 4 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 $70,000.00 in the form of a check payable to petitioner, Marsha Crawford. 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-00428-UNJ Document 21 Filed 11/04/16 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) MARSHA CRAWFORD, ) ) Petitioner, ) ) v. ) No. 16-428V ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND ) SPU HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On April 4, 2016, petitioner, Marsha Crawford, filed a petition for compensation under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging that she developed a left shoulder injury as a result of receiving a pneumococcal conjugate (“Prevnar 13”) vaccine on April 16, 2015. On June 30, 2016, respondent filed her Rule 4(c) Report stating that petitioner’s left shoulder injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) and conceding that her SIRVA is compensable under the Vaccine Act. Accordingly, the same day, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner is entitled to compensation for her SIRVA. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $70,000.00, which represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 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 lost earnings, and future pain and suffering. Case 1:16-vv-00428-UNJ Document 21 Filed 11/04/16 Page 4 of 4 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $70,000.00 in the form of a check payable to petitioner. Petitioner agrees. Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Acting Deputy Director Torts Branch, Civil Division ANN D. MARTIN Senior Trial Attorney Torts Branch, Civil Division s/ Justine Walters__________ JUSTINE WALTERS 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) 307-6393 DATE: September 9, 2016 -2-