VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00242 Package ID: USCOURTS-cofc-1_18-vv-00242 Petitioner: Anna Roof Harrelson Filed: 2018-02-16 Decided: 2020-06-29 Vaccine: influenza Vaccination date: 2017-09-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 119381 AI-assisted case summary: Anna Roof Harrelson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 29, 2017. The respondent filed a Rule 4(c) report on June 25, 2019, conceding that Ms. Harrelson was entitled to compensation because her condition met the criteria set forth in the Vaccine Injury Table for a SIRVA. On July 10, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Harrelson entitled to compensation. Subsequently, on May 21, 2020, the respondent filed a proffer on the award of compensation. The public decision, issued by Chief Special Master Brian H. Corcoran on June 29, 2020, awarded Ms. Harrelson a total of $119,381.38. This award comprised $117,500.00 for pain and suffering, $560.12 for past unreimbursable out-of-pocket medical expenses, and $1,321.26 for past lost wages. The petitioner was represented by Mary Lee Briggs of Briggs and Inglese, LLC, and the respondent was represented by Althea Walker Davis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA. Theory of causation field: Petitioner Anna Roof Harrelson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 29, 2017. The respondent conceded entitlement, agreeing that the condition met the criteria set forth in the Vaccine Injury Table for a SIRVA. The case was decided based on this concession and the Table. No specific medical experts were named in the public text, nor was a detailed mechanism of injury described beyond the SIRVA classification. Chief Special Master Nora Beth Dorsey ruled on entitlement on July 10, 2019. Chief Special Master Brian H. Corcoran issued a decision awarding damages on June 29, 2020, based on a stipulation. The award totaled $119,381.38, consisting of $117,500.00 for pain and suffering, $560.12 for past unreimbursable medical expenses, and $1,321.26 for past lost wages. Petitioner was represented by Mary Lee Briggs, and respondent by Althea Walker Davis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00242-0 Date issued/filed: 2019-10-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/10/2019) regarding 39 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00242-UNJ Document 49 Filed 10/18/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-242V Filed: July 10, 2019 UNPUBLISHED ANNA ROOF HARRELSON, 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. Mary Lee Briggs, Briggs and Inglese, LLC, Charleston, SC, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On February 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 suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on September 29, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 25, 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 concluded that petitioner satisfied the criteria set forth in 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-00242-UNJ Document 49 Filed 10/18/19 Page 2 of 2 the Vaccine Injury Table and Qualifications and Aids to Interpretation regarding a SIRVA 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-00242-1 Date issued/filed: 2020-06-29 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/21/2020) regarding 57 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00242-UNJ Document 64 Filed 06/29/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-242V UNPUBLISHED ANNA ROOF HARRELSON, Chief Special Master Corcoran Petitioner, Filed: May 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Mary Lee Briggs, Briggs and Inglese, LLC, Charleston, SC, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On February 16, 2018, Anna Roof Harrelson 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 shoulder injury related to vaccine administration (“SIRVA”) caused by an influenza (“flu”) vaccine administered on September 29, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 10, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On May 21, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $119,381.38 (comprised of $117,500.00 for pain and suffering, $560.12 for past unreimbursable out- of-pocket medical expenses, and $1,321.26 for past lost wages. Proffer at 1. In the 1 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). 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. 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-00242-UNJ Document 64 Filed 06/29/20 Page 2 of 4 Proffer, Respondent represented that Petitioner 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 $119,381.38 (comprised of $117,500.00 for pain and suffering, $560.12 for past unreimbursable out-of-pocket medical expenses, and $1,321.26 for past lost wages 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-00242-UNJ Document 64 Filed 06/29/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ANNA ROOF HARRELSON, ) ) Petitioner, ) No. 18-242V ) Chief Special Master v. ) Brian H. Corcoran ) SPU SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT'S PROFFER ON AWARD OF COMPENSATION On February 16, 2018, Anna Roof Harrelson (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. Petitioner satisfied the Table criteria for a SIRVA injury, and therefore, respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on June 25, 2019. Based on Respondent’s Rule 4(c) Report, on July10, 2019, the Chief Special Master found petitioner entitled to compensation for her left shoulder SIRVA injury. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $119,381.38. The award is comprised of $117,500.00 for pain and suffering, $560.12 for past unreimbursable out-of-pocket medical expenses, and $1,321.26 for past lost wages. This 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 Respondent recommends that the compensation provided to petitioner should be made Case 1:18-vv-00242-UNJ Document 64 Filed 06/29/20 Page 4 of 4 through a lump sum payment of $119,381.38, in the form of a check made 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/Althea Walker Davis ALTHEA WALKER DAVIS Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-0515 DATED: May 20, 2020 1 Should petitioner die prior to the 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. 2