VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00646 Package ID: USCOURTS-cofc-1_18-vv-00646 Petitioner: Keria Edwards Filed: 2018-05-07 Decided: 2020-01-21 Vaccine: Tdap Vaccination date: 2016-10-25 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 62043 AI-assisted case summary: Keria Edwards filed a petition for compensation under the National Vaccine Injury Compensation Program on May 7, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine received on October 25, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 24, 2019, conceding that Ms. Edwards was entitled to compensation. The respondent agreed that her condition met the criteria set forth in the Vaccine Injury Table for SIRVA and that she suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 24, 2019, finding Ms. Edwards entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on December 19, 2019, the parties submitted a proffer on the award of damages. The respondent proffered an award of $57,500.00 for pain and suffering, reduced to net present value, and an additional $4,543.32 to satisfy a State of Ohio Medicaid lien. The petitioner agreed with the proffered award. Chief Special Master Brian H. Corcoran issued a decision on January 21, 2020, awarding Ms. Edwards a total of $62,043.32. This included a lump sum payment of $57,500.00 for pain and suffering, payable to Ms. Edwards, and a lump sum payment of $4,543.32 for the Medicaid lien, payable jointly to Ms. Edwards and the Treasurer of the State of Ohio. Ms. Edwards is a competent adult, and no guardianship was required. Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner Keria Edwards filed a petition alleging SIRVA following a Tdap vaccination on October 25, 2016. The respondent conceded entitlement, agreeing that the condition met the criteria in the Vaccine Injury Table for SIRVA and that residual effects lasted more than six months. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset or symptoms. The case proceeded to an award of damages based on a proffer. Chief Special Master Nora Beth Dorsey ruled on entitlement on July 24, 2019. Chief Special Master Brian H. Corcoran issued a decision awarding damages on January 21, 2020. The award totaled $62,043.32, comprising $57,500.00 for pain and suffering and $4,543.32 to satisfy a State of Ohio Medicaid lien. Petitioner counsel was Bridget Candace McCullough, and respondent counsel was Jennifer Leigh Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00646-0 Date issued/filed: 2019-10-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/24/2019) regarding 26 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00646-UNJ Document 32 Filed 10/11/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0646V Filed: July 24, 2019 UNPUBLISHED KERIA EDWARDS, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Tetanus Diphtheria SECRETARY OF HEALTH AND acellular Pertussis (Tdap) Vaccine; HUMAN SERVICES, Shoulder Injury Related to Vaccine Administration (SIRVA) Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On May 7, 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 that she suffered left shoulder injuries related to vaccine administration (“SIRVA”) resulting from a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine received on October 25, 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-00646-UNJ Document 32 Filed 10/11/19 Page 2 of 2 On July 24, 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 has satisfied the criteria set forth in the Vaccine Injury Table for SIRVA.” Id. at 5. Respondent further agrees that medical records demonstrate that petitioner “suffered the residual effects of her condition for more than six months . . . [and] has satisfied all legal prerequisites for compensation under the Vaccine Act.” 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-00646-1 Date issued/filed: 2020-01-21 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/19/2019) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00646-UNJ Document 45 Filed 01/21/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0646V UNPUBLISHED KERIA EDWARDS, Chief Special Master Corcoran Petitioner, Filed: December 19, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On May 7, 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 that she suffered left shoulder injuries related to vaccine administration (“SIRVA”) resulting from a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine received on October 25, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 24, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On December 19, 2019, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $57,500.00 in actual and projected pain and suffering (reduced to net present value) as well as 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-00646-UNJ Document 45 Filed 01/21/20 Page 2 of 5 $4,543.32 to satisfy a State of Ohio Medicaid lien. Proffer at 1-2. In the 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 the following compensation: 1. A lump sum payment of $57,500.00, representing compensation for pain and suffering, in the form of a check payable to Petitioner; and 2. A lump sum payment of $4,543.32, representing compensation for satisfaction of the State of Ohio Medicaid lien, payable jointly to Petitioner and: Treasurer, State of Ohio Ohio Tort Recovery Unit 350 Worthington Rd., Suite G Westerville, OH 43082 Case Number: 1146078 Petitioner agrees to endorse this payment to the above payee. 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-00646-UNJ Document 45 Filed 01/21/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KERIA EDWARDS, Petitioner, No. 18-646V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF DAMAGES On May 7, 2018, Keria Edwards (“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. The Petition alleged that petitioner suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) following her receipt of a tetanus-diphtheria-acellular pertussis vaccine on October 25, 2016. Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on July 24, 2019. Based on Respondent’s Rule 4(c) Report the Chief Special Master found petitioner entitled to compensation. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $57,500.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:18-vv-00646-UNJ Document 45 Filed 01/21/20 Page 4 of 5 B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Ohio Medicaid lien in the amount of $4,543.32, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of petitioner 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. II. Form of the Award Respondent recommends that compensation provided to petitioner should be made through lump sum payments as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following, representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a): A. A lump sum payment of $57,500.00, representing compensation for pain and suffering, in the form of a check payable to petitioner;1 and B. A lump sum payment of $4,543.32, representing compensation for satisfaction of the State of Ohio Medicaid lien, payable jointly to petitioner and Treasurer, State of Ohio Ohio Tort Recovery Unit 350 Worthington Rd., Suite G Westerville, OH 43082 Case Number: 1146078 Petitioner agrees to endorse this payment to the above payee. 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 Case 1:18-vv-00646-UNJ Document 45 Filed 01/21/20 Page 5 of 5 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/Jennifer L. Reynaud JENNIFER L. REYNAUD 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) 305-1586 Date: December 19, 2019 3