VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00836 Package ID: USCOURTS-cofc-1_16-vv-00836 Petitioner: Sue A. Little Filed: 2016-12-09 Decided: 2017-04-19 Vaccine: influenza Vaccination date: 2014-10-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62000 AI-assisted case summary: Sue A. Little filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 29, 2014. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Little was entitled to compensation. The respondent agreed that her alleged injury was consistent with SIRVA and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Little entitled to compensation. Subsequently, the respondent filed a proffer indicating that Ms. Little should be awarded $62,000.00, which Ms. Little agreed to. The court issued a decision awarding Ms. Little a lump sum payment of $62,000.00, representing compensation for all available damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00836-0 Date issued/filed: 2017-04-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/09/2016) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00836-UNJ Document 22 Filed 04/11/17 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-836V Filed: December 9, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUE A. LITTLE, * * Petitioner, * Ruling on Entitlement; Concession; v. * Influenza (“Flu”); Shoulder Injury * Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mari Bush, Kaye & Bush, LLC, Denver, CO, for petitioner. Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On July 14, 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 related to vaccine administration (“SIRVA”) as a result of an October 29, 2014 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 8, 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 believes that petitioner’s alleged injury is consistent with a SIRVA Id. at 4. Respondent further agrees that petitioner has satisfied all legal prerequisite for compensation under the Vaccine Act. Id. 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-00836-UNJ Document 22 Filed 04/11/17 Page 2 of 2 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-00836-1 Date issued/filed: 2017-04-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/09/2016) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00836-UNJ Document 23 Filed 04/19/17 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-836V Filed: December 9, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUE A. LITTLE, * * Petitioner, * Damages Decision Based on Proffer; v. * Influenza (“Flu”); Shoulder Injury * Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mari Bush, Kaye & Bush, LLC, Denver, CO, for petitioner. Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On July 14, 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 related to vaccine administration (“SIRVA”) as a result of an October 29, 2014 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 9, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On December 8, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $62,000.00. Respondent’s Rule 4(c) Report and Proffer at 4. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the record as a 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-00836-UNJ Document 23 Filed 04/19/17 Page 2 of 2 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 $62,000.00 in the form of a check payable to petitioner, Sue A. Little. 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