VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00791 Package ID: USCOURTS-cofc-1_17-vv-00791 Petitioner: Karen Williams Filed: 2017-06-13 Decided: 2018-10-17 Vaccine: influenza Vaccination date: 2015-10-02 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 151137 AI-assisted case summary: Karen Williams filed a petition for vaccine injury compensation alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 2, 2015. The respondent, the Secretary of Health and Human Services, conceded that petitioner was entitled to compensation. The respondent determined that her medical course was consistent with SIRVA as defined on the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on March 5, 2018, finding her entitled to compensation. Subsequently, on July 30, 2018, the respondent filed a proffer on the award of compensation, which petitioner agreed to. The proffer stipulated an award of $151,137.12, consisting of $3,637.12 for past unreimbursed medical expenses and $147,500.00 for pain and suffering. This amount represents all elements of compensation to which petitioner would be entitled. The decision awarding damages was issued on October 17, 2018, granting the lump sum payment to Karen Williams. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00791-0 Date issued/filed: 2018-06-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 3/5/2018) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00791-UNJ Document 32 Filed 06/25/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-791V Filed: March 5, 2018 UNPUBLISHED KAREN WILLIAMS, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related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. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On June 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 alleges that she received an influenza (“flu”) vaccination on October 2, 2015, and subsequently 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 March 5, 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 the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”) has determined that 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-00791-UNJ Document 32 Filed 06/25/18 Page 2 of 2 “petitioner’s medical course is consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined on the Vaccine Injury Table.” 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. 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-00791-1 Date issued/filed: 2018-10-17 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 07/31/2018) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00791-UNJ Document 46 Filed 10/17/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0791V Filed: July 31, 2018 UNPUBLISHED KAREN WILLIAMS, 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. Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On June 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 alleges that 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 March 5, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On July 30, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $151,137.12, consisting of past unreimbursed medical expenses ($3,637.12), and pain and suffering ($147,500.00). Proffer at 1. 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-00791-UNJ Document 46 Filed 10/17/18 Page 2 of 4 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 $151,137.12 (consisting of past unreimbursed medical expenses ($3,637.12) and pain and suffering ($147,500.00)) in the form of a check payable to petitioner, Karen Williams. This amount represents compensation for all damages that would be available. 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-00791-UNJ Document 46 Filed 10/17/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) KAREN WILLIAMS, ) ) Petitioner, ) ) No. 17-791V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On June 13, 2017, Karen Williams (“petitioner”) filed a petition for vaccine injury compensation alleging that she suffered a left shoulder injury related to vaccine administration (“SIRVA”). On March 5, 2018, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. The same day, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her SIRVA. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $151,137.12, consisting of past unreimbursed medical expenses ($3,637.12), and pain and suffering ($147,500.00), which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 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 medical expenses, future lost earnings, and future pain and suffering. 1 Case 1:17-vv-00791-UNJ Document 46 Filed 10/17/18 Page 4 of 4 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $151,137.12 in the form of a check payable to petitioner.2 Petitioner agrees. 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/ Colleen C. Hartley COLLEEN C. HARTLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-3644 Fax: (202) 353-2988 DATED: July 30, 2018 2 Petitioner is a competent adult. Proof of guardianship is not required in this case. 2