VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00515 Package ID: USCOURTS-cofc-1_18-vv-00515 Petitioner: Glenda Russell Filed: 2019-04-09 Decided: 2020-03-26 Vaccine: influenza Vaccination date: 2016-10-25 Condition: right shoulder injury Outcome: compensated Award amount USD: 52793 AI-assisted case summary: Glenda Russell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury as a result of her October 25, 2016 influenza and Tdap vaccinations. The case was assigned to the Special Processing Unit. On March 29, 2019, the respondent conceded that Ms. Russell's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) and agreed that she was entitled to a presumption of causation. Based on this concession and the evidence, the court issued a ruling on entitlement. Subsequently, on February 18, 2020, the respondent filed a proffer on award of compensation, recommending an award of $52,793.44. This amount included $52,500.00 for past and future pain and suffering and $293.44 to satisfy a Medicaid lien. Ms. Russell agreed with this proffered award. The court accepted the proffer and issued a decision awarding Ms. Russell $52,793.44 in total compensation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00515-0 Date issued/filed: 2019-06-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/02/2019) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00515-UNJ Document 35 Filed 06/05/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-515V Filed: April 2, 2019 UNPUBLISHED GLENDA RUSSELL, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Tetanus Diphtheria SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On April 9, 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 right shoulder injury as a result of her October 25, 2016 influenza (“flu”) and tetanus-diphtheria-acellular pertussis (“Tdap”) vaccinations. 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-00515-UNJ Document 35 Filed 06/05/19 Page 2 of 2 On March 29, 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 “has concluded that petitioner’s claim meets the Table criteria for SIRVA.”3 Id. at 4. Respondent further agrees that petitioner’s injury and its sequela persisted for more than six months and that petitioner is entitled to a presumption of causation. 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 3 SIRVA stands for Shoulder Injury Related to Vaccine Administration. ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00515-1 Date issued/filed: 2020-03-26 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/21/2020) regarding 50 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00515-UNJ Document 54 Filed 03/26/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0515V UNPUBLISHED GLENDA RUSSELL, Chief Special Master Corcoran Petitioner, Filed: February 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Tetanus Diphtheria acellular Pertussis (Tdap) Respondent. Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Laurie Wiesner, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On April 9, 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 right shoulder injury as a result of her October 25, 2016 influenza (“flu”) and tetanus-diphtheria-acellular pertussis (“Tdap”) vaccinations. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 2, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her right shoulder injury. On February 18, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating I should award $52,793.44, representing compensation to Petitioner in the amount of $52,500.00 for her past and future pain and suffering and a payment in the amount of $293.44 for full satisfaction of 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-00515-UNJ Document 54 Filed 03/26/20 Page 2 of 5 Medicaid payments made by the State of California. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 1. 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 $52,793.44 as follows: 1. A lump sum payment of $52,500.00, representing compensation for her actual and projected pain and suffering, in the form of a check payable to Petitioner; and 2. A lump sum payment of $293.44, representing compensation for full satisfaction of the Medicaid payments made on behalf of Petitioner in the form of a check payable jointly to Petitioner and State of California Health and Human Services Agency Department of Health Care Services Third Party Liability and Recovery Division Class Action Unit, MS4720 P.O. Box 997425 Sacramento, CA 95899-7425 DHCS Account No.: C90722589F-VAC03 Petitioner agrees to endorse this payment to the State of California. 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-00515-UNJ Document 54 Filed 03/26/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) GLENDA RUSSELL, ) ) ) Petitioner, ) ) No. 18-515V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On April 2, 2019, the Chief Special Master issued a Ruling on Entitlement finding that petitioner is entitled to vaccine compensation. Respondent proffers based on the evidence in the record that petitioner should be awarded $52,500.00 plus $293.44 for reimbursement of a Medicaid lien. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Items of Compensation and Form of the Award The parties recommend that the compensation provided to petitioner should be made through lump sum payments as described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: A. Petitioner’s Damages A lump sum payment of $52,500.00 (for past and future pain and suffering), in the form of a check payable to petitioner, Glenda Russell. This Case 1:18-vv-00515-UNJ Document 54 Filed 03/26/20 Page 4 of 5 amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of California Medicaid lien in the amount of $293.44, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the state of California may have against any individual as a result of any Medicaid payments that the State of California has made to or on behalf of Glenda Russell from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 25, 2016, under Title XIX of the Social Security Act. Reimbursement of the State of California lien shall be made through a lump sum payment of $293.44, representing compensation for satisfaction of the State of California lien, payable jointly to petitioner, and State of California Health and Human Services Agency Department of Health Care Services Third Party Liability and Recovery Division Class Action Unit, MS4720 P.O. Box 997425 Sacramento, CA 95899-7425 DHCS Account No.: C90722589F-VAC03 Petitioner agrees to endorse this payment to the State of California. C. Guardianship Petitioner is a competent adult. Evidence of guardianship is not required in this case. III. Summary of Recommended Payments Following Judgment A. Lump sum paid to petitioner $52,500.00 B. Reimbursement of Medicaid lien $293.44 Case 1:18-vv-00515-UNJ Document 54 Filed 03/26/20 Page 5 of 5 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/Laurie Wiesner LAURIE WIESNER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice Ben Franklin Station, P.O. Box 146 Washington, D.C. 20044-0146 Tel.: (202) 305-0253 DATE: February 18, 2020