VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01470 Package ID: USCOURTS-cofc-1_16-vv-01470 Petitioner: Candace Singer Filed: 2016-11-08 Decided: 2018-02-08 Vaccine: influenza Vaccination date: 2015-12-17 Condition: left shoulder injuries Outcome: compensated Award amount USD: 163062 AI-assisted case summary: Candace Singer filed a petition for compensation on November 8, 2016, alleging that she suffered left shoulder injuries as a result of an influenza vaccine she received on December 17, 2015. The case was assigned to the Special Processing Unit. On May 5, 2017, the respondent conceded that petitioner's alleged 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 there were no other identified causes for the SIRVA and that the petitioner's records demonstrated sequelae for more than six months. Based on this concession, a ruling on entitlement was issued finding Ms. Singer entitled to compensation. Subsequently, on September 28, 2017, the respondent filed a proffer on award of compensation, recommending an award of $163,062.69, which petitioner agreed to. On February 8, 2018, the Chief Special Master issued a decision awarding Candace Singer a lump sum payment of $163,062.69. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01470-0 Date issued/filed: 2017-12-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/05/2017) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01470-UNJ Document 37 Filed 12/11/17 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1470V Filed: May 5, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CANDACE SINGER, * * Petitioner, * Ruling on Entitlement; Concession; v. * Influenza (“Flu”) Vaccine;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. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On November 8, 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 left shoulder injuries as a result of an influenza (“flu”) vaccine she received on December 17, 2015. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 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 stated that “petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (SIRVA), and that it was caused-in-fact by the flu vaccine she received on December 17, 2015.” Id. at 3. Respondent further agrees that there were no other causes for petitioner’s SIRVA identified and that 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-01470-UNJ Document 37 Filed 12/11/17 Page 2 of 2 petitioner’s records demonstrate she suffered the sequela of her injury for more than six months. Id. 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-01470-1 Date issued/filed: 2018-02-08 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 9/28/2017) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01470-UNJ Document 38 Filed 02/08/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1470V Filed: September 28, 2017 UNPUBLISHED CANDACE SINGER, 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. Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On November 8, 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 left shoulder injuries as a result of an influenza (“flu”) vaccine she received on December 17, 2015. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 5, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury. On September 28, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $163,062.69. 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). Case 1:16-vv-01470-UNJ Document 38 Filed 02/08/18 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $163,062.69 in the form of a check payable to petitioner, Candace Singer. 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 Case 1:16-vv-01470-UNJ Document 38 Filed 02/08/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CANDACE SINGER, ) ) Petitioner, ) No. 16-1470V ) Chief Special Master v. ) Nora Beth Dorsey ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT'S PROFFER ON AWARD OF COMPENSATION On November 8, 2016, Candace Singer (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on May 5, 2017. Based on Respondent’s Rule 4(c) Report, on May 5, 2017, the Chief Special Master found petitioner entitled to compensation. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $163,062.69, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 1 Case 1:16-vv-01470-UNJ Document 38 Filed 02/08/18 Page 4 of 4 II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $163,062.69, in the form of a check payable to petitioner.1 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/Althea Walker Davis ALTHEA WALKER DAVIS Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-0515 DATED: 28 September 2017 1 Should petitioner die prior to 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 pain and suffering, and future lost wages. 2