VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00644 Package ID: USCOURTS-cofc-1_17-vv-00644 Petitioner: Muna Allaham Filed: 2018-01-12 Decided: 2018-09-05 Vaccine: influenza Vaccination date: 2015-10-22 Condition: left shoulder bursitis and impingement Outcome: compensated Award amount USD: 55414 AI-assisted case summary: Muna Allaham filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder bursitis and impingement. She stated that this condition either met the criteria for a shoulder injury related to vaccine administration (SIRVA) as set forth in the Vaccine Injury Table, or was causally related to the influenza vaccination she received in her left shoulder on October 22, 2015. The respondent conceded that petitioner was entitled to compensation, agreeing that her alleged injury was consistent with SIRVA and that she had satisfied all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued on January 12, 2018, finding Muna Allaham entitled to compensation. On May 3, 2018, the respondent filed a proffer on award of compensation, recommending an award of $55,414.80. The petitioner agreed with this proffered award. Based on the record, the court awarded Muna Allaham a lump sum payment of $55,414.80, representing compensation for all damages available under the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00644-0 Date issued/filed: 2018-04-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 1/12/2018) regarding 18 Ruling on Entitlement Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00644-UNJ Document 26 Filed 04/05/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0644V Filed: January 12, 2018 UNPUBLISHED MUNA ALLAHAM, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine HUMAN SERVICES, Administration (SIRVA) Respondent. Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On May 16, 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 left shoulder bursitis and impingement which either meets the criteria set forth in the Vaccine Injury Table for a shoulder injury related to vaccine administration or, in the alternative, is causally related to the influenza vaccination she received in her left shoulder on October 22, 2015. Petition at ¶¶ 1, 4, 13, 16. Petitioner further alleged that she received the vaccination in the United States, suffered the residual effects of her injury for more than six months, and that neither she nor any other party has brought a civil action or received compensation for her injury alleged as 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-00644-UNJ Document 26 Filed 04/05/18 Page 2 of 2 vaccine caused. Id. at ¶¶ 1, 14, 17-18. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 10, 2018, 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 “has concluded that petitioner’s alleged injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined on the Vaccine Injury Table.” Id. at 7. Respondent further agrees that “based on the records 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-00644-1 Date issued/filed: 2018-09-05 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/03/2018) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00644-UNJ Document 42 Filed 09/05/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-644V Filed: May 3, 2018 UNPUBLISHED MUNA ALLAHAM, Special Processing Unit (SPU); Petitioner, Damages Decision Based on Proffer; v. Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Jessica Anne Olins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On May 16, 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 she suffered left shoulder bursitis and impingement which either meets the criteria set forth in the Vaccine Injury Table for a shoulder injury related to vaccine administration (“SIRVA”) or, in the alternative, is causally related to the influenza vaccination she received in her left shoulder on October 22, 2015. Petition at ¶¶ 1, 4, 13, 16. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 12, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. (ECF No. 18). On May 3, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $55,414.80. (ECF No. 31). 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-00644-UNJ Document 42 Filed 09/05/18 Page 2 of 4 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 $55,414.80 in the form of a check payable to petitioner, Muna Allaham. 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-00644-UNJ Document 42 Filed 09/05/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MUNA ALLAHAM, ) ) Petitioner, ) ) No.17-644V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) Respondent. ) ) ) ) PROFFER ON AWARD OF COMPENSATION On January 10, 2018, respondent filed a Rule 4(c) report conceding entitlement to compensation in this case. On January 12, 2018, the Chief Special Master issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $ 55,414.80, which 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 Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $55,414.80, in the form of a check payable to petitioner. Petitioner agrees. 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-00644-UNJ Document 42 Filed 09/05/18 Page 4 of 4 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 ALEXIS BABCOCK Assistant Director Torts Branch, Civil Division s/ Kathryn A. Robinette KATHRYN A. ROBINETTE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3661 Fax: (202) 616-4310 DATED: May 3, 2018