VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00908 Package ID: USCOURTS-cofc-1_16-vv-00908 Petitioner: Edward Rodier Filed: 2017-01-09 Decided: 2017-05-16 Vaccine: influenza Vaccination date: 2015-10-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 105391 AI-assisted case summary: Edward Rodier filed a petition for compensation under the National Vaccine Injury Compensation Program on January 9, 2017, alleging he sustained a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 9, 2015. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report conceding that Mr. Rodier was entitled to compensation, concluding his injury was consistent with SIRVA and caused by the flu vaccination, with no other identified causes and residuals lasting more than six months. Based on this concession and the evidence, the court found Mr. Rodier entitled to compensation. Subsequently, on May 16, 2017, a decision awarding damages was issued. The respondent had filed a proffer on award of compensation in her Rule 4(c) Report, indicating Mr. Rodier should be awarded $105,391.16, which Mr. Rodier agreed with. The court awarded Mr. Rodier a lump sum payment of $105,391.16. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00908-0 Date issued/filed: 2017-04-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/09/2017) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00908-UNJ Document 30 Filed 04/27/17 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0908V Filed: January 9, 2017 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * EDWARD RODIER, * * Petitioner, * Ruling on Entitlement; Concession; v. * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On July 29, 2016, Edward Rodier (“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 he sustained a shoulder injury from an influenza (“flu”) vaccination he received on October 9, 2015. Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On January 6, 2017, respondent filed her Rule 4(c) Report conceding that petitioner is entitled to compensation. Rule 4(c) Rep. at 1. Based on her evaluation of the evidence, respondent concluded that petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”), and that it was caused by the flu vaccination he received on October 9, 2015. Id. at 3. Respondent did not identify any other causes for petitioner’s SIRVA, and petitioner’s records demonstrate that he suffered residuals of his condition for more than six months. Id. at 3-4. 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-00908-UNJ Document 30 Filed 04/27/17 Page 2 of 2 Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Vaccine 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-00908-1 Date issued/filed: 2017-05-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/09/2017) regarding 21 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00908-UNJ Document 31 Filed 05/16/17 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0908V Filed: January 9, 2017 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * EDWARD RODIER, * * Petitioner, * Damages Decision Based on Proffer; v. * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On July 29, 2016, Edward Rodier (“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 he sustained a shoulder injury from an influenza (“flu”) vaccination he received on October 9, 2015. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On January 9, 2017, the undersigned issued a ruling on entitlement finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On January 6, 2017, respondent filed a proffer on award of compensation (“Proffer”) in her Rule 4(c) Report indicating petitioner should be awarded $105,391.16. Rule 4(c) Rep. at 4. In the Proffer, respondent represented that 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. 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-00908-UNJ Document 31 Filed 05/16/17 Page 2 of 2 Pursuant to the terms stated in the Proffer,3 the undersigned awards petitioner a lump sum payment of $105,391.16 in the form of a check payable to petitioner, Edward Rodier. 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.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 The Proffer is not attached to this decision because it was included in the Rule 4(c) Report, which contains confidential medical information. 4 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