VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01269 Package ID: USCOURTS-cofc-1_17-vv-01269 Petitioner: Margaret Delorenzo Filed: 2017-09-15 Decided: 2020-04-16 Vaccine: influenza Vaccination date: 2016-09-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 79704 AI-assisted case summary: Margaret DeLorenzo 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 an influenza vaccination on September 19, 2016. The court issued a fact ruling finding that she received the vaccination in her left arm. The respondent recognized this factual finding as the law of the case and advised that they would not defend the case on other grounds, concluding that the petitioner suffered a SIRVA as defined by the Vaccine Injury Table. Based on the respondent's position and the evidence, the court found the petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that the petitioner should be awarded $79,704.78, comprised of $75,000.00 for pain and suffering and $4,704.78 for past unreimbursed medical expenses. The petitioner agreed with this proffered award. The court awarded the lump sum payment of $79,704.78. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01269-0 Date issued/filed: 2019-10-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/25/2019) regarding 33 Findings of Fact & Conclusions of Law, Scheduling Order Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01269-UNJ Document 39 Filed 10/17/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1269V Filed: August 26, 2019 UNPUBLISHED MARGARET DELORENZO, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Table Injury; v. Influenza (Flu) Vaccine; Shoulder Injury Related to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. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 15, 2017, Margaret DeLorenzo (“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” or “Program”) alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on September 19, 2016. Petition at 1. The case was assigned to the Special Processing Unit (“SPU”). 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-01269-UNJ Document 39 Filed 10/17/19 Page 2 of 2 On July 25, 2019, the undersigned issued a Fact Ruling, finding there is preponderant evidence to establish that petitioner received the flu vaccination in her left arm. Fact Ruling at 5 (ECF No. 33). On August 14, 2019, respondent filed a supplemental Rule 4(c) Report indicating that, although he reserves his right to a potential appeal of the factual ruling, he recognizes the undersigned’s factual finding is “the law of the case . . . [and] advises that he will not defend the case on other grounds during further proceedings before the Office of Special Masters.” Suppl. Rule 4 Report at 2 (ECF No. 34).3 Specifically, respondent indicates that “[i]n light of the Chief Special Master’s fact ruling, and the medical record evidence submitted in this case, DICP has concluded that petitioner suffered [a] SIRVA as defined by the Vaccine Injury Table.” Id. at 7. Respondent adds that “based on the record as it now stands and subject to his right to appeal the Factual Ruling, respondent does not dispute that petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 8. 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 3 Additionally, respondent clarifies that he is not waiving “any defenses that [he] may assert in the damages phase.” Suppl. Rule 4 Report at 7 n.3. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-01269-1 Date issued/filed: 2019-11-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/26/2019) regarding 35 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01269-UNJ Document 41 Filed 11/15/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1269V Filed: August 26, 2019 UNPUBLISHED MARGARET DELORENZO, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Table Injury; v. 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. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 15, 2017, Margaret DeLorenzo (“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” or “Program”) alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on September 19, 2016. Petition at 1. The case was assigned to the Special Processing Unit (“SPU”). 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-01269-UNJ Document 41 Filed 11/15/19 Page 2 of 2 On July 25, 2019, the undersigned issued a Fact Ruling, finding there is preponderant evidence to establish that petitioner received the flu vaccination in her left arm. Fact Ruling at 5 (ECF No. 33). On August 14, 2019, respondent filed a supplemental Rule 4(c) Report indicating that, although he reserves his right to a potential appeal of the factual ruling, he recognizes the undersigned’s factual finding is “the law of the case . . . [and] advises that he will not defend the case on other grounds during further proceedings before the Office of Special Masters.” Suppl. Rule 4 Report at 2 (ECF No. 34).3 Specifically, respondent indicates that “[i]n light of the Chief Special Master’s fact ruling, and the medical record evidence submitted in this case, DICP has concluded that petitioner suffered [a] SIRVA as defined by the Vaccine Injury Table.” Id. at 7. Respondent adds that “based on the record as it now stands and subject to his right to appeal the Factual Ruling, respondent does not dispute that petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 8. 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 3 Additionally, respondent clarifies that he is not waiving “any defenses that [he] may assert in the damages phase.” Suppl. Rule 4 Report at 7 n.3. ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_17-vv-01269-2 Date issued/filed: 2020-04-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/16/2020) regarding 50 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01269-UNJ Document 54 Filed 04/16/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1269V UNPUBLISHED MARGARET DELORENZO, Chief Special Master Corcoran Petitioner, Filed: March 16, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 15, 2017, Margaret Delorenzo 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”) caused by an influenza (“flu”) vaccination administered on September 19, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 26, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On March 16, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $79,704.78 (comprised of $75,000.00 for pain and suffering and $4,704.78 for past 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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). 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, I agree that the identified material fits within this definition, I 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-01269-UNJ Document 54 Filed 04/16/20 Page 2 of 2 unreimbursed medical expenses. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $79,704.78 (comprised of $75,000.00 for pain and suffering and $4,704.78 for past unreimbursed medical expenses) in the form of a check payable to Petitioner. 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/Brian H. Corcoran Brian H. Corcoran 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