VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01392 Package ID: USCOURTS-cofc-1_16-vv-01392 Petitioner: Meera Thakoor Filed: 2016-10-25 Decided: 2019-05-15 Vaccine: influenza Vaccination date: 2014-01-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70520 AI-assisted case summary: Meera Thakoor filed a petition for compensation under the National Vaccine Injury Compensation Program on October 25, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on January 18, 2014. The respondent filed a Rule 4(c) report on June 5, 2017, conceding that petitioner's right shoulder injury was a "caused-in-fact" injury and met the statutory requirements for compensation under the Vaccine Act. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found Meera Thakoor entitled to compensation in a ruling on entitlement dated June 7, 2017. Subsequently, on March 14, 2019, the parties filed a joint stipulation for damages. Chief Special Master Dorsey adopted the stipulation, awarding Meera Thakoor a lump sum of $70,520.00, payable to petitioner, as compensation for all available items of damages. Petitioner was represented by Amber Wilson of Maglio Christopher and Toale, PA, and the respondent was represented by Heather Pearlman and later Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Meera Thakoor alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on January 18, 2014. The respondent conceded that the right shoulder injury was a "caused-in-fact" injury and met the statutory requirements for compensation. The case was decided based on this concession. The public text does not specify the mechanism of injury or name any experts. The outcome was compensation awarded via a joint stipulation on damages, approved by Chief Special Master Nora Beth Dorsey on March 14, 2019. The award was a lump sum of $70,520.00. Petitioner was represented by Amber Wilson (Maglio Christopher and Toale, PA), and respondent was represented by Heather Pearlman and Traci R. Patton (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01392-0 Date issued/filed: 2018-05-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/07/2017) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- CCaassee 11::1166--vvvv--0011339922--UUNNJJ DDooccuummeenntt 2441 FFiilleedd 0065//0078//1178 PPaaggee 11 ooff 22 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1392V Filed: June 7, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * MEERA THAKOOR, * * 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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner. Heather Pearlman, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On October 25, 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 receiving a seasonal influenza (“flu”) vaccination on January 18, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 5, 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 concluded that petitioner’s right shoulder injury is compensable as a “caused-in-fact” injury under the Vaccine Act. Id. at 4. Respondent further agrees that petitioner met the statutory requirements 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). CCaassee 11::1166--vvvv--0011339922--UUNNJJ DDooccuummeenntt 2441 FFiilleedd 0065//0078//1178 PPaaggee 22 ooff 22 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-01392-1 Date issued/filed: 2019-05-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/14/2019) regarding 57 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01392-UNJ Document 61 Filed 05/15/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1392V Filed: March 14, 2019 UNPUBLISHED MEERA THAKOOR, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH AND Related to Vaccine Administration HUMAN SERVICES, (SIRVA) Respondent. Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 25, 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 influenza (“flu”) vaccination administered on January 18, 2014. Petition at 1-2; Stipulation, filed March 14, 2019, at ¶¶ 1. Petitioner further alleges that the vaccination was administered within the United States, that she suffered the residual effects of this injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 3; Stipulation at ¶¶ 2-4, 6. 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required 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). 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-01392-UNJ Document 61 Filed 05/15/19 Page 2 of 7 On March 14, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $70,520.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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-01392-UNJ Document 61 Filed 05/15/19 Page 3 of 7 Case 1:16-vv-01392-UNJ Document 61 Filed 05/15/19 Page 4 of 7 Case 1:16-vv-01392-UNJ Document 61 Filed 05/15/19 Page 5 of 7 Case 1:16-vv-01392-UNJ Document 61 Filed 05/15/19 Page 6 of 7 Case 1:16-vv-01392-UNJ Document 61 Filed 05/15/19 Page 7 of 7