VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01139 Package ID: USCOURTS-cofc-1_16-vv-01139 Petitioner: Jamie Mohr Filed: 2016-12-20 Decided: 2017-03-02 Vaccine: influenza Vaccination date: 2015-12-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 90902 AI-assisted case summary: Jamie Mohr filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2016, alleging that she received an influenza vaccine on December 27, 2015, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On December 19, 2016, the respondent filed a Rule 4(c) report conceding that Ms. Mohr was entitled to compensation, agreeing that the alleged injury was consistent with SIRVA and caused by the flu vaccination, and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 20, 2016, finding Ms. Mohr entitled to compensation. Subsequently, on February 28, 2017, the respondent filed a proffer on award of compensation, recommending an award of $90,902.04, which the petitioner agreed to. Chief Special Master Dorsey issued a decision on March 2, 2017, awarding Ms. Mohr a lump sum payment of $90,902.04, representing compensation for all damages available under the Vaccine Act. Michael McLaren of Black McLaren, et al., PC represented the petitioner, and Debra Begley of the U.S. Department of Justice represented the respondent. The decision was originally filed on March 2, 2017, and modified on June 19, 2017, to correct docket text. Theory of causation field: Petitioner Jamie Mohr received an influenza vaccine on December 27, 2015. She alleged a subsequent shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and caused by the vaccination. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset or symptoms. A ruling on entitlement was issued on December 20, 2016, finding petitioner entitled to compensation. On February 28, 2017, respondent filed a proffer recommending an award of $90,902.04, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision on March 2, 2017, awarding a lump sum of $90,902.04. The theory of causation is based on the respondent's concession and aligns with the Vaccine Injury Table for SIRVA. Petitioner was represented by Michael McLaren, and respondent by Debra Begley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01139-0 Date issued/filed: 2017-04-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/20/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text (kh). -------------------------------------------------------------------------------- Case 1:16-vv-01139-UNJ Document 25 Filed 04/26/17 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1139V Filed: December 20, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * JAMIE MOHR, * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner. Debra Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 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 received an influenza (“flu”) shot on December 27, 2015 and subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 19, 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 concluded that the alleged injury is consistent with a SIRVA and caused by the administration of petitioner’s flu vaccination. Id. at 4. Respondent further agrees that petitioner has satisfied all legal prerequisites 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-01139-UNJ Document 25 Filed 04/26/17 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-01139-1 Date issued/filed: 2017-09-22 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/02/2017) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- CCaassee 11::1166--vvvv--0011113399--UUNNJJ DDooccuummeenntt 2219 FFiilleedd 0039//0222//1177 PPaaggee 11 ooff 24 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1139V Filed: March 2, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * JAMIE MOHR, * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner. Debra Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 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 received an influenza (“flu”) shot on December 27, 2015 and subsequently suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 20, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On February 28, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $90,902.04. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. 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). CCaassee 11::1166--vvvv--0011113399--UUNNJJ DDooccuummeenntt 2219 FFiilleedd 0039//0222//1177 PPaaggee 22 ooff 24 Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $90,902.04 in the form of a check payable to petitioner, Jamie Mohr. 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 CCaassee 1 1:1:166-v-vvv-0-011113399-U-UNNJJ D Dooccuummeennt t2 219-1 F Fileiledd 0 093/2/022/1/177 P Paaggee 3 1 o of f4 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* JAMIE MOHR, * * Petitioner, * No. 16-1139V * CHIEF SPECIAL MASTER v. * NORA BETH DORSEY * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation The Court issued a Ruling on Entitlement on December 20, 2016. Based upon the evidence of record, respondent proffers that petitioner should be awarded $90,902.04, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $90,902.04, in the form of a check payable to petitioner. Petitioner agrees. Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General 1 Should petitioner die prior to the 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. CCaassee 1 1:1:166-v-vvv-0-011113399-U-UNNJJ D Dooccuummeennt t2 219-1 F Fileiledd 0 093/2/022/1/177 P Paaggee 4 2 o of f4 2 C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ANN D. MARTIN Senior Trial Attorney Torts Branch, Civil Division /s/ DEBRA A. FILTEAU BEGLEY DEBRA A. FILTEAU BEGLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: February 28, 2017 2