VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01493 Package ID: USCOURTS-cofc-1_17-vv-01493 Petitioner: Angela B. Cooper Filed: 2017-10-11 Decided: 2018-10-24 Vaccine: influenza Vaccination date: 2015-10-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Angela B. Cooper filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2017, alleging she suffered a Table injury, shoulder injury related to vaccine administration (SIRVA), from an influenza vaccine received on October 16, 2015. She stated she received the vaccination in the United States and suffered residual effects for more than six months. Respondent conceded that compensation was appropriate, finding that petitioner's injury met the requirements of a Table injury claim for SIRVA. A ruling on entitlement was issued on July 27, 2018, finding petitioner entitled to compensation. Subsequently, on September 6, 2018, respondent filed a proffer on award of compensation, proposing an award of $40,000.00 for pain and suffering, which petitioner agreed to. The decision dated October 24, 2018, awarded petitioner a lump sum payment of $40,000.00 for pain and suffering. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01493-0 Date issued/filed: 2018-10-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/27/2018) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01493-UNJ Document 33 Filed 10/17/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1493V Filed: July 27, 2018 UNPUBLISHED ANGELA B. COOPER, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH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. Jeffrey A. Golvash, Brennan, Robins, & Daley P.C., Pittsburgh, PA, for petitioner. Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On October 11, 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 Table injury, shoulder injury related to vaccine administration (“SIRVA”), or, in the alternative, a SIRVA caused-in- fact by the influenza vaccine she received on October 16, 2015. Petition at 1, ¶ 9. Petitioner further alleges that she received the vaccination in the United States, suffered the residual effects of her injury for more than six months, and that neither she nor any other party has never received compensation for her injury, alleged as vaccine caused. Id. at ¶¶ 2, 9-10. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01493-UNJ Document 33 Filed 10/17/18 Page 2 of 2 On July 27, 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 compensation is appropriate because petitioner’s injury meets the requirements of a Table injury claim for SIRVA stemming from the flu vaccination administered on October 16, 2015.” Id. at 3. Respondent further agrees that “petitioner has met the statutory requirements for entitlement to compensation.” 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-01493-1 Date issued/filed: 2018-10-24 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 09/06/2018) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01493-UNJ Document 36 Filed 10/24/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1493V Filed: September 6, 2018 UNPUBLISHED ANGELA B. COOPER, Special Processing Unit (SPU); Petitioner, Damages Decision Based on Proffer; v. Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Jeffrey A. Golvash, Brennan, Robins, & Daley P.C., Pittsburgh, PA, for petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On October 11, 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 Table injury, shoulder injury related to vaccine administration (“SIRVA”), or, in the alternative, a SIRVA caused-in- fact by the influenza vaccine she received on October 16, 2015. Petition at 1, ¶ 9. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 27, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On September 6, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $40,000.00, representing an amount for pain and suffering. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as 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-01493-UNJ Document 36 Filed 10/24/18 Page 2 of 4 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 $40,000.00, representing an amount for pain and suffering, in the form of a check payable to petitioner, Angela B. Cooper. 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-01493-UNJ Document 36 Filed 10/24/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ANGELA B. COOPER, ) ) Petitioner, ) ) No. 17-1493V v. ) Chief Special Master Nora Beth Dorsey ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation On July 27, 2018, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on the same date, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of record, respondent proffers that petitioner should be awarded $40,000.00. The award is comprised of the following: $40,000.00 for pain and suffering. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $40,000.00, in the form of a check payable to petitioner. Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Case 1:17-vv-01493-UNJ Document 36 Filed 10/24/18 Page 4 of 4 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Mollie D. Gorney Mollie D. Gorney 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- 4029 mollie.d.gorney@usdoj.gov Dated: September 6, 2018