VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00696 Package ID: USCOURTS-cofc-1_17-vv-00696 Petitioner: Valerie Mulholland Filed: 2017-05-25 Decided: 2019-10-21 Vaccine: influenza Vaccination date: 2015-01-02 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 77500 AI-assisted case summary: Valerie Mulholland filed a petition for compensation on May 25, 2017, alleging that an influenza vaccine she received on January 2, 2015, caused a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, stating that her medical course was consistent with SIRVA as defined on the Vaccine Injury Table. Specifically, she had no prior shoulder issues, the pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain. The injury also resulted in residual effects for more than six months. A ruling on entitlement was issued on February 26, 2018, finding her entitled to compensation. Subsequently, on July 15, 2019, the respondent filed a proffer on award of compensation, proposing $77,500.00 for pain and suffering, which the petitioner agreed to. The Chief Special Master awarded Valerie Mulholland a lump sum payment of $77,500.00 for pain and suffering on October 21, 2019. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00696-0 Date issued/filed: 2018-05-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 2/26/2018) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00696-UNJ Document 29 Filed 05/09/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0696V Filed: February 26, 2018 UNPUBLISHED VALERIE MULHOLLAND, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH Administration (SIRVA) AND HUMAN SERVICES, Respondent. Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On May 25, 2017, Valerie Mulholland (“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 as a result of an influenza (“flu”) vaccine she received on January 2, 2015 in her left shoulder, she suffered a left 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 February 26, 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 states that “petitioner’s medical course is consistent with a shoulder injury related to vaccine administration (‘SIRVA’) as defined 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-00696-UNJ Document 29 Filed 05/09/18 Page 2 of 2 on the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder, pain occurred within 48 hours after receipt of an intramuscular vaccination, pain was limited to the shoulder where the vaccine was administered, and no other condition or abnormality, such as brachial neuritis, has been identified to explain petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a); 42 C.F.R. 100.3(c)(10). Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months.” Id. at 6. 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-00696-1 Date issued/filed: 2019-10-21 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 07/15/2019) regarding 61 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00696-UNJ Document 69 Filed 10/21/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0696V Filed: July 15, 2019 UNPUBLISHED VALERIE MULHOLLAND, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder SECRETARY OF HEALTH Injury Related to Vaccine AND HUMAN SERVICES, Administration (SIRVA) Respondent. Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On May 25, 2017, Valerie Mulholland (“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 as a result of an influenza (“flu”) vaccine she received on January 2, 2015 in her left shoulder, she suffered a left 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 February 26, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On July 15, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $77,500.00 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required 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). 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-00696-UNJ Document 69 Filed 10/21/19 Page 2 of 4 for pain and suffering. Proffer at 1. In the Proffer, respondent represented that petitioner agrees 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 $77,500.00 (for pain and suffering) in the form of a check payable to petitioner, Valerie Mulholland. 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-00696-UNJ Document 69 Filed 10/21/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS VALERIE MULHOLLAND, Petitioner, No. 17-0696V v. Chief Special Master Dorsey (SPU) ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On February 26, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”) injury. The Chief Special Master’s Ruling on Entitlement, adopting respondent’s recommendation, was issued the same day, on February 26, 2018. Based upon the evidence of record, respondent proffers that petitioner should be awarded $77,500.00 for 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 Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $77,500.00 in the form of a check payable to petitioner.2 Petitioner agrees. 1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. 2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case. 1 Case 1:17-vv-00696-UNJ Document 69 Filed 10/21/19 Page 4 of 4 Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General 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/ Adriana Teitel ADRIANA TEITEL Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-3677 Dated: July 15, 2019 2