VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00275 Package ID: USCOURTS-cofc-1_17-vv-00275 Petitioner: Paul Goodman Filed: 2017-11-14 Decided: 2018-04-11 Vaccine: influenza Vaccination date: 2016-03-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Paul Goodman filed a petition for compensation on February 27, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving influenza and pneumococcal conjugate vaccines on March 21, 2016. The respondent filed a Rule 4(c) report conceding that the alleged injury was consistent with SIRVA caused by the vaccinations, that no other cause for the injury was identified, that the condition persisted for more than six months, and that petitioner met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 14, 2017, finding Mr. Goodman entitled to compensation. Subsequently, on January 16, 2018, the respondent filed a proffer on award of compensation, proposing an award of $80,000.00 for past and future pain and suffering, which petitioner agreed to. On April 11, 2018, Chief Special Master Dorsey issued a decision awarding Mr. Goodman a lump sum payment of $80,000.00, payable by check to petitioner, as compensation for all damages available under the Vaccine Act. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert testimony. Theory of causation field: Petitioner Paul Goodman alleged a shoulder injury related to vaccine administration (SIRVA) following receipt of influenza and pneumococcal conjugate vaccines on March 21, 2016. The respondent conceded that the injury was consistent with SIRVA caused by the vaccinations and that no other cause was identified. The case proceeded as a Table claim. Petitioner was found entitled to compensation on November 14, 2017, by Chief Special Master Nora Beth Dorsey. A stipulation and proffer filed on January 16, 2018, proposed an award of $80,000.00 for past and future pain and suffering, which petitioner accepted. Chief Special Master Dorsey awarded this lump sum of $80,000.00 on April 11, 2018. Petitioner was represented by Jeffrey S. Pop, and respondent by Debra A. Filteau Begley. The public decision does not detail the specific mechanism of injury or name any experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00275-0 Date issued/filed: 2018-03-01 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/14/2017) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00275-UNJ Document 40 Filed 03/01/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-275V Filed: November 14, 2017 UNPUBLISHED PAUL GOODMAN, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Causation-In-Fact; Influenza (Flu) Vaccine; Pneumococcal Conjugate SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to HUMAN SERVICES, Vaccine Administration (SIRVA) Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On February 27, 2017, 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) following receipt of influenza (“flu”) and pneumococcal conjugate vaccines on March 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 13, 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 “concludes that the alleged injury is consistent with SIRVA that was caused by the administration of petitioner’s flu and/or 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 1:17-vv-00275-UNJ Document 40 Filed 03/01/18 Page 2 of 2 pneumococcal conjugate vaccinations on March 21, 2016.” Id. at 4. Respondent further agrees that no other cause for petitioner’s injury has been identified, that petitioner suffered his condition for more than six months, and that petitioner has satisfied all legal prerequisites to compensation under the Vaccine Act. 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_17-vv-00275-1 Date issued/filed: 2018-04-11 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 1/17/2018) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00275-UNJ Document 42 Filed 04/11/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-275V Filed: January 17, 2018 UNPUBLISHED PAUL GOODMAN, Special Processing Unit (SPU); Damages Decision Based on Proffer; Petitioner, Pneumococcal Conjugate Vaccine; v. Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On February 27, 2017, 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) following receipt of influenza (“flu”) and pneumococcal conjugate vaccines on March 21, 2016.. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 14, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On January 16, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $80,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the 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 1:17-vv-00275-UNJ Document 42 Filed 04/11/18 Page 2 of 4 proffered award. 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 attached Proffer, the undersigned awards petitioner a lump sum payment of $80,000.00 in the form of a check payable to petitioner, Paul Goodman. 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 1:17-vv-00275-UNJ Document 42 Filed 04/11/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* PAUL GOODMAN, * * Petitioner, * No. 17-275V * 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 November 14, 2017. Based upon the evidence of record, respondent proffers that petitioner should be awarded $80,000.00, which represents compensation for past and future pain and suffering. This amount 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 petitioner be awarded a lump sum payment of $80,000.00 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. Case 1:17-vv-00275-UNJ Document 42 Filed 04/11/18 Page 4 of 4 C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director 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: January 16, 2018 2