VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00752 Package ID: USCOURTS-cofc-1_18-vv-00752 Petitioner: Sheri Henning Filed: 2019-04-24 Decided: 2020-07-21 Vaccine: influenza Vaccination date: 2016-10-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 163946 AI-assisted case summary: Sheri Henning filed a petition for compensation under the National Vaccine Injury Compensation Program on May 29, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 7, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 22, 2019, conceding that Ms. Henning's alleged injury was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that she met all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 24, 2019, finding Ms. Henning entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on June 15, 2020, the respondent filed a proffer on the award of compensation, indicating that Ms. Henning should be awarded $163,946.40. This amount was stipulated to by the petitioner and comprised $160,000.00 for pain and suffering, $1,101.15 for past unreimbursable expenses, $720.00 for future expenses, and $2,125.25 for past lost wages. Chief Special Master Brian H. Corcoran issued a decision on July 21, 2020, awarding Ms. Henning a lump sum payment of $163,946.40 in the form of a check payable to her. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice. Theory of causation field: Petitioner Sheri Henning alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 7, 2016. The respondent conceded that the injury was consistent with SIRVA, a "Table injury" under the National Vaccine Injury Compensation Program. The respondent's concession satisfied the legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 24, 2019. Subsequently, Chief Special Master Brian H. Corcoran issued a decision on July 21, 2020, awarding a total of $163,946.40, comprised of $160,000.00 for pain and suffering, $1,101.15 for past unreimbursable expenses, $720.00 for future expenses, and $2,125.25 for past lost wages. The public text does not name specific medical experts or detail the precise mechanism of injury beyond its classification as SIRVA. Petitioner was represented by Ronald Craig Homer, and respondent by Linda Sara Renzi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00752-0 Date issued/filed: 2019-07-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/24/2019) regarding 32 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00752-UNJ Document 45 Filed 07/03/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0752V Filed: April 24, 2019 UNPUBLISHED SHERI HENNING, 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. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On May 29, 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 the Table injury of shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza vaccination on October 7, 2016 . Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 22, 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 alleged injury is 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-00752-UNJ Document 45 Filed 07/03/19 Page 2 of 2 consistent with SIRVA, as defined on the Vaccine Injury Table.” Id. at 4. Respondent further agrees that petitioner 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-00752-1 Date issued/filed: 2020-07-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/16/2020) regarding 73 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00752-UNJ Document 77 Filed 07/21/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0752V UNPUBLISHED SHERI HENNING, Chief Special Master Corcoran Petitioner, Filed: June 16, 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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On May 29, 2018, Sheri Henning 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”) vaccination she received on October 7, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 24, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On June 15, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $163,946.40 (comprised of $160,000.00 in pain and suffering, $1,101.15 in past unreimbursable expenses, $720.00 in future expenses, and $2,125.25 in past lost wages). Proffer at 1- 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-00752-UNJ Document 77 Filed 07/21/20 Page 2 of 2 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 a lump sum payment of $163,946.40 (comprised of $160,000.00 in pain and suffering, $1,101.15 in past unreimbursable expenses, $720.00 in future expenses, and $2,125.25 in 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