VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00522 Package ID: USCOURTS-cofc-1_17-vv-00522 Petitioner: William Willingham Filed: 2017-04-13 Decided: 2018-05-14 Vaccine: pneumococcal conjugate (Prevnar 13) Vaccination date: 2016-04-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62637 AI-assisted case summary: William Willingham filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from the pneumococcal conjugate (Prevnar 13) vaccine he received on April 25, 2016. The case was assigned to the Special Processing Unit. On December 22, 2017, the respondent conceded that entitlement to compensation was appropriate, believing that petitioner's alleged injury was consistent with SIRVA and caused-in-fact by the vaccine. On December 26, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation. Subsequently, on February 8, 2018, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $62,637.26, an amount to which petitioner agreed. This amount represents compensation for all damages available under the Act. The Chief Special Master awarded petitioner a lump sum payment of $62,637.26. The decision was dated May 14, 2018. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00522-0 Date issued/filed: 2018-05-14 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 2/8/2018) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00522-UNJ Document 36 Filed 05/14/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-522V Filed: February 8, 2018 UNPUBLISHED WILLIAM WILLINGHAM, Special Processing Unit (SPU); Petitioner, Damages Decision Based on Proffer; v. Pneumococcal Conjugate Vaccine (Prevnar 13); Shoulder Injury Related SECRETARY OF HEALTH AND to Vaccine Administration (SIRVA) HUMAN SERVICES, Respondent. William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On April 13, 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from the pneumococcal conjugate (Prevnar 13) vaccine he received on April 25, 2016. Petition at 1, ¶ 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 26, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for his SIRVA. On February 8, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $62,637.26. Proffer at 1. In the Proffer, respondent represented that petitioner agrees 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-00522-UNJ Document 36 Filed 05/14/18 Page 2 of 4 with the proffered award. Id. 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 $62,637.26 in the form of a check payable to petitioner, William Willingham. This amount represents compensation for all damages that would be available under § 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-00522-UNJ Document 36 Filed 05/14/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) WILLIAM WILLINGHAM, ) ) Petitioner, ) ) No. 17-522V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On December 22, 2017, respondent concededed that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on December 26, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner should be awarded $62,637.26. 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 The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $62,637.26, in the form of a check payable to petitioner. Petitioner agrees. 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 lost earnings and future pain and suffering. Case 1:17-vv-00522-UNJ Document 36 Filed 05/14/18 Page 4 of 4 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/ Mallori B. Openchowski MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 DATED: February 8, 2018 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-00522-2 Date issued/filed: 2018-09-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/26/2017) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00522-UNJ Document 38 Filed 09/06/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-522V Filed: December 26, 2017 UNPUBLISHED WILLIAM WILLINGHAM, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Causation-In-Fact; Pneumococcal Conjugate Vaccine; Shoulder Injury SECRETARY OF HEALTH AND Related to Vaccine Administration HUMAN SERVICES, (SIRVA) Respondent. William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On April 13, 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from the pneumococcal conjugate (Prevnar 13) vaccine he received on April 25, 2016. Petition at 1, ¶ 2. Petitioner further alleged that he received the vaccine in the United States, continues to suffer the residual effects of his injury more than six months after vaccination, and has never received compensation 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-00522-UNJ Document 38 Filed 09/06/18 Page 2 of 2 for his injury alleged as vaccine caused. Id. at ¶¶ 2, 14-15. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 22, 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 alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that it was caused-in-fact by the Prevnar 13 vaccine he received on April 25, 2016.” Id. at 5. Respondent further agrees that “based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the 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