VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00122 Package ID: USCOURTS-cofc-1_18-vv-00122 Petitioner: Heather Snyder Filed: 2018-01-25 Decided: 2020-01-17 Vaccine: influenza Vaccination date: 2016-10-20 Condition: Complex Regional Pain Syndrome (CRPS) Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Heather Snyder filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Complex Regional Pain Syndrome (CRPS) in her right shoulder as a result of receiving an influenza vaccination on October 20, 2016. The respondent conceded that her CRPS was more likely than not caused by the vaccination. The respondent also confirmed that the case was timely filed, the vaccine was on the Vaccine Injury Table, received in the United States, and the injury effects lasted more than six months. The petition also stated no civil action had been pursued. A ruling on entitlement was issued on February 8, 2019, finding Ms. Snyder entitled to compensation. Subsequently, on December 6, 2019, the respondent filed a proffer on award of compensation, recommending an award of $115,000.00, which Ms. Snyder agreed to. The court awarded Ms. Snyder a lump sum payment of $115,000.00, representing compensation for all damages available under the program. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00122-0 Date issued/filed: 2019-03-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/08/2019) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00122-UNJ Document 29 Filed 03/13/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-122V Filed: February 8, 2019 UNPUBLISHED HEATHER SNYDER, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Causation-In-Fact; Influenza (Flu) SECRETARY OF HEALTH AND Vaccine; Complex Regional Pain HUMAN SERVICES, Syndrome (CRPS) Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On January 25, 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 developed right shoulder injuries as a result of receiving an influenza (“flu”) vaccination on October 20, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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. 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-00122-UNJ Document 29 Filed 03/13/19 Page 2 of 2 On February 8, 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 indicated that: The facts of this case support a finding that petitioner’s CRPS, more likely than not, was caused in fact by the administration of the influenza vaccination on October 20, 2016. With respect to other statutory and jurisdictional issues, the record shows that the case was timely filed, that petitioner received a vaccine set forth in the Vaccine Injury Table, and that the vaccine was received in the United States. The evidence also demonstrates that petitioner suffered the effects or sequelae of her injury for more than six months after vaccine administration. Additionally, the petition states that no civil action or proceedings have been pursued in connection with petitioner’s vaccine-related injury. Id. at 5. 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-00122-1 Date issued/filed: 2020-01-17 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/13/2019) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00122-UNJ Document 48 Filed 01/17/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0122V UNPUBLISHED HEATHER SNYDER, Chief Special Master Corcoran Petitioner, Filed: December 13, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Complex Regional Pain Syndrome (CRPS) Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Christine Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On January 25, 2018, Heather Snyder 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 developed complex regional pain syndrome (CRPS) in her right shoulder as a result of receiving an influenza vaccination on October 20, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 8, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for CRPS. On December 6, 2019, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $115,000.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner 1 Because this unpublished ruling 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). 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, I agree that the identified material fits within this definition, I 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 1:18-vv-00122-UNJ Document 48 Filed 01/17/20 Page 2 of 4 agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $115,000.00 in the form of a check payable to Petitioner. 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/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-00122-UNJ Document 48 Filed 01/17/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) HEATHER SNYDER, ) ) Petitioner, ) ) No. 18-122V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 8, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on February 8, 2019, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Chronic Regional Pain Syndrome (“CRPS”). I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $115,000.00 which 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 medical expenses, future lost earnings, and future pain and suffering. Case 1:18-vv-00122-UNJ Document 48 Filed 01/17/20 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 $115,000.00 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. 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/Christine Mary Becer CHRISTINE MARY BECER 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) 616-3665 Date: December 6, 2019 2