VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01141 Package ID: USCOURTS-cofc-1_16-vv-01141 Petitioner: Christina Jelic Filed: 2016-09-14 Decided: 2018-02-15 Vaccine: influenza Vaccination date: 2013-10-28 Condition: left shoulder injury Outcome: compensated Award amount USD: 111713 AI-assisted case summary: Christina Jelic filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2016, alleging a left shoulder injury resulting from an influenza vaccine received on October 28, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccine. The respondent also agreed that no other causes for the SIRVA were identified and that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 30, 2017, finding petitioner entitled to compensation. Subsequently, on October 30, 2017, the respondent filed a combined Rule 4 report and proffer on the award of compensation, indicating that petitioner should be awarded $111,713.14 and that petitioner agreed with this proffered award. Chief Special Master Dorsey issued a decision awarding damages on February 15, 2018, awarding petitioner a lump sum payment of $111,713.14, payable to Christina Jelic, representing compensation for all available damages. Petitioner's counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent's counsel was Robert Paul Coleman, III, of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Christina Jelic alleged a left shoulder injury after receiving an influenza vaccine on October 28, 2013. The respondent conceded that the injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the influenza vaccine. No other causes were identified, and the statutory sequela requirement was met. The case resulted in a compensated outcome. The specific mechanism of injury and any expert testimony are not described in the public decision. The award was a stipulated amount of $111,713.14. The decision on entitlement was issued by Chief Special Master Nora Beth Dorsey on October 30, 2017, and the decision awarding damages was issued on February 15, 2018. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Robert Paul Coleman, III. The theory of causation is considered off-Table. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01141-0 Date issued/filed: 2018-02-15 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/30/2017) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01141-UNJ Document 39 Filed 02/15/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1141V Filed: October 30, 2017 UNPUBLISHED CHRISTINA JELIC, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Causation-In-Fact; Influenza (Flu) Vaccine; Shoulder Injury Related to SECRETARY OF HEALTH AND Vaccine Administration (SIRVA) HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 14, 2016, Christina Jelic (“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 from a left shoulder injury as a result of an influenza (“flu”) vaccine she received on October 28, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 30, 2017, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that petitioner’s SIRVA was 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-01141-UNJ Document 39 Filed 02/15/18 Page 2 of 2 caused-in-fact by the flu vaccine she received on October 28, 2013 Id. at 3. Respondent further agrees that no other causes for petitioner’s SIRVA were identified and the statutory six month sequela requirement has been satisfied. Id. 3-4. In view of respondent’s position 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_16-vv-01141-1 Date issued/filed: 2018-02-15 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/30/2017) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01141-UNJ Document 40 Filed 02/15/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1141V Filed: October 30, 2017 UNPUBLISHED CHRISTINA JELIC, Special Processing Unit (SPU); Damages Decision Based on Proffer; Petitioner, Influenza (Flu) Vaccine; Shoulder v. Injury Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 14, 2016, Christina Jelic (“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 from a left shoulder injury as a result of an influenza vaccine she received on October 28, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 30, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On October 30, 2017, respondent filed a combined Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating petitioner should be awarded $111,713.14. Rule 4/Proffer at 4. In the Rule 4/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-01141-UNJ Document 40 Filed 02/15/18 Page 2 of 2 whole, the undersigned finds that petitioner is entitled to an award as stated in the Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, the undersigned awards petitioner a lump sum payment of $111,713.14 in the form of a check payable to petitioner, Christina Jelic. 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