VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00075 Package ID: USCOURTS-cofc-1_18-vv-00075 Petitioner: Sherri Cayton Filed: 2018-01-16 Decided: 2019-09-11 Vaccine: pneumococcal Vaccination date: 2016-12-16 Condition: right-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 86500 AI-assisted case summary: Sherri Cayton filed a petition for compensation under the National Vaccine Injury Compensation Program on January 16, 2018. She alleged that she received a pneumococcal vaccination on December 16, 2016, and subsequently suffered a right-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Cayton's claim met the Table criteria for SIRVA and that she satisfied the statutory requirements for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Cayton entitled to compensation. Subsequently, the parties submitted a proffer for damages. The respondent's proffer indicated that Ms. Cayton should be awarded $86,500.00, which included $1,500.00 for past unreimbursable expenses. The respondent represented that Ms. Cayton agreed with this proffered award. Chief Special Master Dorsey issued a decision awarding Ms. Cayton a lump sum payment of $86,500.00, payable by check to Sherri Cayton, as compensation for all damages available under the Vaccine Act. The case was resolved through a concession by the respondent and a stipulated award. Petitioner was represented by Jessica Anne Olins of Maglio Christopher & Toale, PA, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. Theory of causation field: Petitioner Sherri Cayton alleged a right-sided shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine administered on December 16, 2016. The respondent conceded that the claim met the Table criteria for SIRVA and that petitioner satisfied statutory requirements for compensation. The case was resolved via concession and stipulated award. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement and subsequently a decision awarding $86,500.00, including $1,500.00 for past unreimbursable expenses. Petitioner was represented by Jessica Anne Olins, and respondent by Ryan Daniel Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00075-0 Date issued/filed: 2019-08-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/06/2019) regarding 36 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00075-UNJ Document 47 Filed 08/21/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-75V Filed: June 6, 2019 UNPUBLISHED SHERRI CAYTON, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Pneumococcal SECRETARY OF HEALTH AND Conjugate Vaccine; Shoulder Injury HUMAN SERVICES, Related to Vaccine Administration (SIRVA) Respondent. Jessica Anne Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On January 16, 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 received a pneumococcal vaccination on December 16, 2016, and thereafter suffered a right-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 4, 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 2- 3. Specifically, respondent concluded 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-00075-UNJ Document 47 Filed 08/21/19 Page 2 of 2 a SIRVA Id. at 3. Respondent further agrees that petitioner satisfied the statutory requirements for compensation in this case. 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_18-vv-00075-1 Date issued/filed: 2019-09-11 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/06/2019) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00075-UNJ Document 48 Filed 09/11/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-75V Filed: June 6, 2019 UNPUBLISHED SHERRI CAYTON, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Pneumococcal Conjugate Vaccine; SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine HUMAN SERVICES, Administration (SIRVA) Respondent. Jessica Anne Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On January 16, 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 received a pneumococcal vaccination on December 16, 2016, and thereafter suffered a right-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 6, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On June 4, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $86,500.00, which 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 1:18-vv-00075-UNJ Document 48 Filed 09/11/19 Page 2 of 2 includes $1,500.00 for past unreimbursable expenses. Respondent’s Rule 4(c) Report Recommending Compensation and Proffer of Compensation at 4. 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 $86,500.00 in the form of a check payable to petitioner, Sherri Cayton. 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