VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01271 Package ID: USCOURTS-cofc-1_17-vv-01271 Petitioner: Sandra Loydpierson Filed: 2017-09-15 Decided: 2019-03-13 Vaccine: influenza Vaccination date: 2016-10-06 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Sandra Loydpierson filed a petition for vaccine injury compensation on September 15, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2016. The case was assigned to the Special Processing Unit. A ruling on entitlement was issued on September 6, 2018, finding Ms. Loydpierson entitled to compensation. On February 6, 2019, the respondent filed a proffer on award of compensation, stating that Ms. Loydpierson should be awarded $55,000.00 for past and future pain and suffering, and that she agreed with this award. The decision, dated March 13, 2019, and signed by Chief Special Master Nora Beth Dorsey, awarded Ms. Loydpierson a lump sum payment of $55,000.00. This amount represents compensation for all damages available under § 15(a). Ms. Loydpierson is a competent adult. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. Theory of causation field: Petitioner Sandra Loydpierson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 6, 2016. The respondent conceded entitlement to compensation on September 6, 2018. The Special Master found the petitioner entitled to compensation. A proffer on award of compensation was filed on February 6, 2019, by respondent, stating petitioner should be awarded $55,000.00 for past and future pain and suffering, which petitioner agreed to. The Chief Special Master Nora Beth Dorsey awarded a lump sum of $55,000.00 on March 13, 2019. This case falls under the "Table" category of injuries. No specific medical experts or detailed clinical information regarding the mechanism of injury were detailed in the provided public text. Petitioner was represented by Leah VaSahnja Durant and respondent by Lisa Ann Watts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01271-0 Date issued/filed: 2019-03-13 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/07/2019) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01271-UNJ Document 39 Filed 03/13/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1271V Filed: February 7, 2019 UNPUBLISHED SANDRA LOYDPIERSON, 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. Lisa Ann Watts, 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”) following an influenza (“flu”) vaccination administered on October 6, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 6, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On February 6, 2019, respondent filed a proffer 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-01271-UNJ Document 39 Filed 03/13/19 Page 2 of 4 on award of compensation (“Proffer”) indicating petitioner should be awarded $55,000.00. Proffer at 1. In the 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 Proffer. Id. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $55,000.00 in the form of a check payable to petitioner, Sandra Loydpierson. 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-01271-UNJ Document 39 Filed 03/13/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SANDRA LOYDPIERSON, Petitioner, v. No. 17-1271V Chief Special Master Dorsey SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 15, 2017, Sandra Loydpierson (“petitioner”) filed a petition for vaccine injury compensation alleging that she suffered a right shoulder injury related to vaccine administration (“SIRVA”), a Table injury, following receipt of an influenza (“flu”) vaccination administered on October 6, 2016. Respondent filed his Rule 4(c) Report conceding entitlement to compensation on September 6, 2018. The Chief Special Master issued a Ruling on Entitlement that same day. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $55,000.00 for her past and future pain and suffering. This 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 damages. 1 Case 1:17-vv-01271-UNJ Document 39 Filed 03/13/19 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 $55,000.00 in the form of a check payable to petitioner.2 Petitioner agrees. 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/Lisa A. Watts LISA A. WATTS Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-4099 DATED: February 6, 2019 2 Petitioner is a competent adult. Proof of guardianship is not required in this case. 2