VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01402 Package ID: USCOURTS-cofc-1_16-vv-01402 Petitioner: Kathey Woolard Filed: 2017-06-30 Decided: 2018-04-05 Vaccine: influenza Vaccination date: 2014-10-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Kathey Woolard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered an injury to her left shoulder as a result of receiving an influenza vaccine on October 6, 2014. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report, stating that he did not contest entitlement to compensation. Respondent concluded that Ms. Woolard's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the flu vaccination. Respondent also agreed that she met the statutory requirement of suffering the condition for more than six months. Based on the respondent's position and the evidence of record, the Chief Special Master found Ms. Woolard entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had filed a proffer on award of compensation, indicating that Ms. Woolard should be awarded $70,000.00, and that she agreed with this proffered award. The court awarded Ms. Woolard a lump sum payment of $70,000.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01402-1 Date issued/filed: 2018-04-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/30/2017) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01402-UNJ Document 36 Filed 04/05/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1402V Filed: June 30, 2017 UNPUBLISHED KATHEY WOOLARD, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Uncontested; v. Causation-In-Fact; Influenza (Flu) Vaccine; Shoulder Injury Related to SECRETARY OF HEALTH AND Vaccine Administration (SIRVA) HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On October 26, 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 an injury to her left shoulder as a result of receiving an influenza (“flu”) vaccine on October 6, 2014. Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On June 30, 2017, respondent filed his Rule 4(c) Report in which he states that he does not contest entitlement to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent concluded that petitioner’s injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that it was caused-in- 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-01402-UNJ Document 36 Filed 04/05/18 Page 2 of 2 fact by the flu vaccination she received on October 6, 2014. Id. at 3. Respondent further agrees that petitioner has met the statutory requirements by suffering the condition for more than six months. Id. 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-01402-2 Date issued/filed: 2018-04-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/30/2017) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01402-UNJ Document 37 Filed 04/05/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1402V Filed: June 30, 2017 UNPUBLISHED KATHEY WOOLARD, 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. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On October 26, 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 alleged that she suffered an injury to her left shoulder as a result of receiving an influenza (“flu”) vaccine on October 6, 2014. Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters. On June 30, 2017, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On June 30, 2017, respondent filed a proffer on award of compensation (“Proffer”) in his Rule 4(c) Report indicating petitioner should be awarded $70,000.00. Rule 4(c) Rep. at 4. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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-01402-UNJ Document 37 Filed 04/05/18 Page 2 of 2 Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the Proffer,3 the undersigned awards petitioner a lump sum payment of $70,000.00 in the form of a check payable to petitioner, Kathey Woolard. 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