VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01917 Package ID: USCOURTS-cofc-1_17-vv-01917 Petitioner: Sheri Grove Filed: 2017-12-08 Decided: 2019-05-29 Vaccine: influenza Vaccination date: 2016-09-08 Condition: right-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 143498 AI-assisted case summary: Sheri Grove filed a petition for compensation on December 8, 2017, alleging a right-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 8, 2016. The respondent filed a Rule 4(c) report conceding entitlement to compensation, stating that Ms. Grove suffered bursitis in her right shoulder caused-in-fact by the flu vaccine she received on September 8, 2016. The respondent further agreed that Ms. Grove suffered sequela of her injury for more than six months and met the statutory requirements for compensation. On November 5, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Grove entitled to compensation. Subsequently, on March 20, 2019, the respondent filed a proffer proposing an award of $143,498.66. This amount included $125,000.00 for pain and suffering, $12,803.51 for lost wages, and $5,695.15 for past unreimbursable medical expenses. The petitioner agreed with this proposed award. On May 29, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding Ms. Grove the stipulated lump sum of $143,498.66, payable by check to Sheri Grove. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Traci R. Patton. Theory of causation field: Petitioner Sheri Grove alleged a right-sided shoulder injury related to vaccine administration (SIRVA) following receipt of her September 8, 2016 influenza vaccine. Respondent conceded entitlement, agreeing that petitioner suffered bursitis in her right shoulder caused-in-fact by the flu vaccine and met statutory requirements. The theory of causation was off-Table. No specific medical experts or detailed mechanism of injury were described in the public text. The case resulted in a stipulated award of $143,498.66, consisting of $125,000.00 for pain and suffering, $12,803.51 for lost wages, and $5,695.15 for past unreimbursable medical expenses. The ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on November 5, 2018, and the final decision awarding damages was issued on May 29, 2019. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Traci R. Patton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01917-0 Date issued/filed: 2018-12-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/05/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01917-UNJ Document 27 Filed 12/19/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1917V Filed: November 5, 2018 UNPUBLISHED SHERI GROVE, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Causation-In-Fact; Influenza (Flu) Vaccine; Bursitis SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On December 8, 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 right-sided shoulder injury related to vaccine administration (“SIRVA”) following receipt of her September 8, 2016 influenza (“flu”) vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 1, 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 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-01917-UNJ Document 27 Filed 12/19/18 Page 2 of 2 bursitis in her right shoulder and that it was caused-in-fact by the flu vaccine she received on September 8, 2016.” Id. at 4. Respondent further agrees that petitioner suffered sequela of her injury for more than six months and that she 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-01917-1 Date issued/filed: 2019-05-29 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/20/2019) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01917-UNJ Document 37 Filed 05/29/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1917V Filed: March 20, 2019 UNPUBLISHED SHERI GROVE, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Bursitis SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On December 8, 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 right-sided shoulder injury related to vaccine administration (“SIRVA”) following receipt of her September 8, 2016 influenza (“flu”) vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 5, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for bursitis caused-in-fact by her flu vaccination. On March 20, 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-01917-UNJ Document 37 Filed 05/29/19 Page 2 of 4 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $143,498.66, representing $125,000.00 in compensation for pain and suffering, $12,803.51 in compensation for lost wages, and $5,695.15 in compensation for past unreimbursable 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, 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 $143,498.66, representing $125,000.00 in compensation for pain and suffering, $12,803.51 in compensation for lost wages, and $5,695.15 in compensation for past unreimbursable medical expenses, in the form of a check payable to petitioner, Sheri Grove. 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-01917-UNJ Document 37 Filed 05/29/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SHERI GROVE, ) ) Petitioner, ) No. 17-1917V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation On November 1, 2018, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on Entitlement on November 5, 2018, finding that petitioner was entitled to vaccine compensation for her right-sided shoulder injury. Based upon the evidence of record, respondent proffers that petitioner should be awarded $143,498.66. The award is comprised of the following: $125,000.00 for pain and suffering; $12,803.51 for lost wages; and $5,695.15 for past out of pocket medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:17-vv-01917-UNJ Document 37 Filed 05/29/19 Page 4 of 4 II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $143,498.66, in the form of a check payable to petitioner.1 Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division s/ Traci R. Patton TRACI R. PATTON Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 353-1589 Dated: March 20, 2019 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 lost earnings and future pain and suffering.