VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00506 Package ID: USCOURTS-cofc-1_17-vv-00506 Petitioner: Jodi Harms Filed: 2017-12-19 Decided: 2018-03-15 Vaccine: influenza Vaccination date: 2015-12-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 95471 AI-assisted case summary: Jodi Harms filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 5, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 18, 2017, conceding that Ms. Harms was entitled to compensation. The respondent agreed that her medical course was consistent with a SIRVA, a condition listed on the Vaccine Injury Table, and that she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 15, 2018, finding Ms. Harms entitled to compensation. Subsequently, on March 15, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages. This decision was based on a proffer from the respondent, filed on December 18, 2017, which indicated an award of $95,471.03. The respondent represented that Ms. Harms agreed with this proffered award. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The decision states that the award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Ms. Harms was awarded a lump sum payment of $95,471.03 in the form of a check payable to her. Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Daniel Anthony Principato of the U.S. Department of Justice. The case was originally filed on December 19, 2017. Theory of causation field: Petitioner Jodi Harms alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on December 5, 2015. The respondent conceded entitlement, agreeing that petitioner's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that all legal prerequisites for compensation were met. The public text does not detail specific medical experts, clinical findings, or the mechanism of injury. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on March 15, 2018. Subsequently, a decision awarding damages was issued by Chief Special Master Dorsey on March 15, 2018, based on a proffer from the respondent. The respondent offered $95,471.03, which petitioner accepted. This amount was awarded as a lump sum payment for all available damages. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Daniel Anthony Principato. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00506-0 Date issued/filed: 2018-03-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/19/2017) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00506-UNJ Document 33 Filed 03/15/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-506V Filed: December 19, 2017 UNPUBLISHED JODI HARMS, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On April 11, 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 she received an influenza (“flu”) vaccine on December 5, 2015, and thereafter suffered from a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 18, 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 believes that petitioner’s medical course is 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-00506-UNJ Document 33 Filed 03/15/18 Page 2 of 2 consistent with a SIRVA as defined on the Vaccine Injury Table Id. at 2. Respondent further agrees that petitioner has satisfied all legal prerequisites for 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-00506-1 Date issued/filed: 2018-03-15 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/19/2017) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00506-UNJ Document 34 Filed 03/15/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-506V Filed: December 19, 2017 UNPUBLISHED JODI HARMS, 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. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On April 11, 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 she suffered from a shoulder injury related to vaccine administration (“SIRVA”) following an influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 19, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On December 18, 2017, respondent filed a Rule 4(c) Report and Proffer on Damages indicating petitioner should be awarded $95,471.03. ECF No. 25 at 4. In the Proffer, respondent represented that petitioner 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-00506-UNJ Document 34 Filed 03/15/18 Page 2 of 2 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. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $95,471.03 in the form of a check payable to petitioner, Jodi Harms. 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