VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00050 Package ID: USCOURTS-cofc-1_18-vv-00050 Petitioner: Jessica Ott Filed: 2018-01-10 Decided: 2019-12-27 Vaccine: influenza Vaccination date: 2016-10-24 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Jessica Ott filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2018, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 24, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 3, 2019, conceding that Ms. Ott's claim met the Table criteria for SIRVA and satisfied the statutory severity requirement. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 14, 2019, finding that Ms. Ott was entitled to compensation based on the respondent's concession. Subsequently, on November 7, 2019, Ms. Ott and the respondent filed a joint stipulation for damages. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages on December 27, 2019. The court awarded Jessica Ott a lump sum of $90,000.00, payable by check to Petitioner, as compensation for all items of damages available under the Vaccine Act. This award represents a full and complete negotiated settlement of liability and damages claimed under the program. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and the respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Theory of causation field: Jessica Ott filed a petition on January 10, 2018, alleging a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 24, 2016. The respondent conceded that the claim met the Table criteria for SIRVA and satisfied the statutory severity requirement. The parties entered into a joint stipulation for damages, which was adopted by Chief Special Master Brian H. Corcoran on December 27, 2019. The stipulation stated that there was not a preponderance of evidence demonstrating that petitioner's condition was due to a factor unrelated to vaccination and that petitioner sustained SIRVA within the time period set forth in the Table and experienced residual effects for more than six months. The public text does not name specific medical experts or detail the mechanism of injury beyond the general classification of SIRVA. The award was a lump sum of $90,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Shealene Priscilla Mancuso, and the respondent was represented by Claudia Barnes Gangi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00050-0 Date issued/filed: 2019-08-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/14/2019) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00050-UNJ Document 33 Filed 08/14/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-050V Filed: May 14, 2019 UNPUBLISHED JESSICA OTT, 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. Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On January 10, 2018, 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 from a right shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on October 24, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 3, 2019, 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 states that “petitioner’s claim meets the Table criteria for 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This means the ruling 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 ruling 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. Case 1:18-vv-00050-UNJ Document 33 Filed 08/14/19 Page 2 of 2 SIRVA.” Id. at 3. Respondent further agrees that “petitioner satisfies the statutory severity requirement.” Id. at 4. 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00050-1 Date issued/filed: 2019-12-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/08/2019) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00050-UNJ Document 42 Filed 12/27/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-050V UNPUBLISHED JESSICA OTT, Chief Special Master Corcoran Petitioner, Filed: November 8, 2019 v. SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 10, 2018, Jessica Ott 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 right shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccination she received on October 24, 2016. Petition at 1; Stipulation, filed November 7, 2019, at ¶¶ 3, 4. Petitioner further alleges that she experienced the residual effects of her injury for more than six months. Petition at 4; Stipulation at ¶ 4. Respondent states that “petitioner is entitled to compensation under the terms of the Vaccine Act for her SIRVA.” Stipulation at ¶ 7. Nevertheless, on November 7, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 1 I intend 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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). 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 1:18-vv-00050-UNJ Document 42 Filed 12/27/19 Page 2 of 7 stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the I award the following compensation: A lump sum of $90,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, 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 Case 1:18-vv-00050-UNJ Document 42 Filed 12/27/19 Page 3 of 7 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JESSICA OTT, ) ) Petitioner, ) ) No. 18-S0V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) ______Re_sp_ond_en_t. _______) ) STIPULATION The parties hereby stipulate to the following matters: l. Jessica Ott, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F,R, § 100.3 (a). 2. Petitioner received the flu vaccine on or about October 24, 2016. 3. The vaccination was administered within the United States. 4. Petitioner sustained a right shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, and experienced the residual effects of her injury for more than six months. 5. There is not a preponderance of evidence demonstrating that petitioner's condition is due to a factor unrelated to vaccination. Case 1:18-vv-00050-UNJ Document 42 Filed 12/27/19 Page 4 of 7 6. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for her S[RVA . Therefore, a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( l ). the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $90,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U S,C § 300aa-l 5(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U S C § 300aa-2 I