VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01268 Package ID: USCOURTS-cofc-1_17-vv-01268 Petitioner: Sara D’angelo Filed: 2017-09-15 Decided: 2018-10-18 Vaccine: influenza Vaccination date: 2016-10-28 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 55324 AI-assisted case summary: Sara D’Angelo filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 28, 2016 influenza vaccination. The respondent conceded that petitioner is entitled to compensation, agreeing that she suffered SIRVA as defined by the Vaccine Injury Table, with onset of pain within 48 hours after vaccination and no other condition identified to explain the pain. The respondent further agreed that petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on July 31, 2018, finding her entitled to compensation. Subsequently, on October 18, 2018, a decision awarding damages was issued. The parties stipulated to an award of $55,324.98, representing $55,000.00 for pain and suffering and $324.98 for unreimbursable medical expenses. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01268-0 Date issued/filed: 2018-10-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2018) regarding 27 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01268-UNJ Document 31 Filed 10/17/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1268V Filed: July 31, 2018 UNPUBLISHED SARA D’ANGELO, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 15, 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of her October 28, 2016 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 31, 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 suffered SIRVA as defined by 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-01268-UNJ Document 31 Filed 10/17/18 Page 2 of 2 the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder where the vaccine was administered; and, no other condition or abnormality has been identified to explain petitioner’s left shoulder pain.” Id. at 2-3. Respondent further agrees that petitioner suffered residual effects of her injury for more than six months and that petitioner has satisfied all legal prerequisites to compensation under the Vaccine 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-01268-1 Date issued/filed: 2018-10-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/31/2018) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01268-UNJ Document 32 Filed 10/18/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1268V Filed: July 31, 2018 UNPUBLISHED SARA D’ANGELO, 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. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 15, 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of her October 28, 2016 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 31, 2018, respondent filed a combined Rule 4 report and proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $55,324.98, representing $55,000.00 for petitioner’s actual and projected pain and suffering and $324.98 for petitioner’s unreimbursable medical expenses. Proffer at 3-4. In the 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-01268-UNJ Document 32 Filed 10/18/18 Page 2 of 2 Proffer, respondent represented that petitioner agrees with the proffered award. On July 31, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. 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 Proffer, the undersigned awards petitioner a lump sum payment of $55,324.98 (representing $55,000.00 in compensation for actual and projected pain and suffering and $324.98 in compensation for unreimbursable medical expenses) in the form of a check payable to petitioner, Sara D’Angelo. This amount represents compensation for all damages that would be available under § 300aa-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