VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00301 Package ID: USCOURTS-cofc-1_17-vv-00301 Petitioner: Corey L. Crockett Filed: 2017-10-18 Decided: 2018-03-14 Vaccine: influenza Vaccination date: 2015-10-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Corey L. Crockett filed a petition on October 18, 2017, alleging that his October 21, 2015 influenza vaccination caused him to suffer a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and caused by the flu vaccine. The respondent also confirmed that there were no other identified causes for the SIRVA and that Mr. Crockett met the statutory requirements for compensation, including suffering residual effects for more than six months. A ruling on entitlement was issued on October 18, 2017, finding Mr. Crockett entitled to compensation. Subsequently, on December 20, 2017, the respondent filed a proffer on award of compensation, proposing an award of $75,000.00, which Mr. Crockett agreed to. A decision awarding damages was issued on March 14, 2018, granting Mr. Crockett a lump sum payment of $75,000.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00301-0 Date issued/filed: 2018-02-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/18/2017) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00301-UNJ Document 27 Filed 02/13/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-301V Filed: October 18, 2017 UNPUBLISHED COREY L. CROCKETT, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Causation-In-Fact; Influenza (Flu) Vaccine; Shoulder Injury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. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On March 3, 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 his October 21, 2017 influenza (“flu”) vaccination caused him to suffer left shoulder injuries.. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 16, 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 indicates 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 1:17-vv-00301-UNJ Document 27 Filed 02/13/18 Page 2 of 2 [m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”) have reviewed the petition and medical records filed in the case. DICP has concluded that petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”), caused in fact by the receipt of his October 21, 2015 flu vaccine, and that compensation should be awarded in this case. Id. Respondent further agrees that DICP did not identify any other causes for petitioner’s SIRVA, and based on the medical records outlined above, petitioner met the statutory requirements by suffering the residual effects of his condition for more than six months after the administration of the vaccine. 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 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_17-vv-00301-1 Date issued/filed: 2018-03-14 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/22/2017) regarding 23 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00301-UNJ Document 33 Filed 03/14/18 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-301V Filed: December 22, 2017 UNPUBLISHED COREY L. CROCKETT, 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. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On March 3, 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 left shoulder injuries as a result of his October 21, 2015 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 18, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On December 20, 2017, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $75,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. 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-00301-UNJ Document 33 Filed 03/14/18 Page 2 of 5 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 $75,000.00 in the form of a check payable to petitioner, Corey L. Crockett. 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-00301-UNJ Document 33 Filed 03/14/18 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS COREY L. CROCKETT, ) ) Petitioner, ) No. 17-301V ) Chief Special Master v. ) Nora Beth Dorsey ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On October 16, 2017, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on October 18, 2017, the Chief Special Master issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration (“SIRVA”). Respondent proffers that based on the evidence of record, petitioner should be awarded $75,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:17-vv-00301-UNJ Document 33 Filed 03/14/18 Page 4 of 5 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 A lump sum payment of $75,000.00, in the form of a check payable to petitioner, Corey L. Crockett. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. 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/Linda S. Renzi LINDA S. RENZI Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice Ben Franklin Station, P.O. Box 146 Washington, D.C. 20044-0146 Tel.: (202) 616-4133 DATE: December 20, 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 lost earnings, and future pain and suffering. Case 1:17-vv-00301-UNJ Document 33 Filed 03/14/18 Page 5 of 5