VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00967 Package ID: USCOURTS-cofc-1_17-vv-00967 Petitioner: Lisa Workman Filed: 2017-07-18 Decided: 2019-08-07 Vaccine: influenza Vaccination date: 2016-09-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 89696 AI-assisted case summary: Lisa Workman filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2017, alleging she developed a shoulder injury related to vaccine administration (SIRVA) in her left shoulder after receiving an influenza vaccine on September 23, 2016. The case was assigned to the Special Processing Unit. On April 12, 2019, the respondent filed a Rule 4(c) report conceding that the petitioner met the criteria for SIRVA as set forth in the Vaccine Injury Table and satisfied all legal prerequisites for compensation. On April 19, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Workman entitled to compensation. On August 7, 2019, Chief Special Master Dorsey issued a decision awarding Ms. Workman $89,696.54 in damages, based on a joint stipulation. This award included $87,500.00 for pain and suffering and $2,196.54 for past unreimbursable expenses. The public decision was issued by Chief Special Master Nora Beth Dorsey. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Meredith Burns Healy of the U.S. Department of Justice. The decision was unpublished and posted on the court's website. Theory of causation field: Petitioner Lisa Workman alleged a shoulder injury related to vaccine administration (SIRVA) in her left shoulder following an influenza vaccine administered on September 23, 2016. The respondent conceded that the petitioner met the criteria for SIRVA as set forth in the Vaccine Injury Table and satisfied all legal prerequisites for compensation. The case was decided based on this concession and a joint stipulation. Chief Special Master Nora Beth Dorsey ruled on entitlement on April 19, 2019, and awarded damages on August 7, 2019. The award totaled $89,696.54, comprising $87,500.00 for pain and suffering and $2,196.54 for past unreimbursable expenses. Petitioner was represented by Leah VaSahnja Durant and respondent by Meredith Burns Healy. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00967-0 Date issued/filed: 2019-08-07 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/19/2019) regarding 47 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00967-UNJ Document 52 Filed 08/07/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-967V Filed: April 19, 2019 UNPUBLISHED LISA WORKMAN, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder SECRETARY OF HEALTH AND Injury Related to Vaccine HUMAN SERVICES, Administration (SIRVA) Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Meredith Burns Healy, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On July 18, 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 developed a shoulder injury related to vaccine administration (“SIRVA”) in her left shoulder as a result of an influenza (“flu”) vaccine administered to her on September 23, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 19, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injury. On April 12, 2019, respondent filed a combined 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-00967-UNJ Document 52 Filed 08/07/19 Page 2 of 2 Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating petitioner should be awarded $89,696.54, including $87,500.00 in pain and suffering and $2,196.54 in past unreimbursable expenses. Rule 4/Proffer at 5. In the Rule 4/Proffer, respondent represented that petitioner 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 Rule 4/Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $89,696.54 in the form of a check payable to petitioner, Lisa Workman. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-00967-1 Date issued/filed: 2019-08-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/19/2019) regarding 46 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00967-UNJ Document 53 Filed 08/14/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-967V Filed: April 19, 2019 UNPUBLISHED LISA WORKMAN, 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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Meredith Burns Healy, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On July 18, 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 that she developed a shoulder injury related to vaccine administration (“SIRVA”) in her left shoulder as a result of an influenza (“flu”) vaccine administered to her on September 23, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 12, 2019, 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 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This means the ruling 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 ruling 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. Case 1:17-vv-00967-UNJ Document 53 Filed 08/14/19 Page 2 of 2 at 1. Specifically, respondent states that “petitioner has satisfied the criteria for SIRVA set forth in the recently revised Vaccine Injury Table.” Id. at 4. 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 5. 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 2