VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00814 Package ID: USCOURTS-cofc-1_18-vv-00814 Petitioner: Jiaqian Wu Filed: 2018-06-08 Decided: 2019-12-27 Vaccine: influenza Vaccination date: 2016-10-25 Condition: left-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 88974 AI-assisted case summary: Jiaqian Wu filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her receipt of an influenza vaccine on October 25, 2016, caused her to suffer a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded that her claim met the Table criteria for SIRVA and that her injury persisted for more than six months. Based on this concession and the evidence, the court issued a ruling on entitlement, finding her eligible for compensation. Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $87,500.00 for pain and suffering and $1,474.75 for past unreimbursable expenses, totaling $88,974.75. Petitioner agreed to this amount. The court issued a decision awarding Jiaqian Wu a lump sum payment of $88,974.75, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00814-0 Date issued/filed: 2019-11-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/10/2019) regarding 29 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00814-UNJ Document 36 Filed 11/18/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-814V Filed: September 10, 2019 UNPUBLISHED JIAQIAN WU, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND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. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On June 8, 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 her receipt of an influenza (“flu”) vaccine on October 25, 2016, caused her to suffer a left-sided shoulder injury related to vaccine administration (“SIRVA”). 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-00814-UNJ Document 36 Filed 11/18/19 Page 2 of 2 On August 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 states that “petitioner’s claim meets the Table criteria for SIRVA.” Id. at 3. Respondent further agrees that “petitioner’s SIRVA and its sequela persisted for more than six months after the administration of the vaccine”. Id. at 4. 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00814-1 Date issued/filed: 2019-12-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/12/2019) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00814-UNJ Document 41 Filed 12/27/19 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-814V UNPUBLISHED JIAQIAN WU, Chief Special Master Corcoran Petitioner, Filed: November 12, 2019 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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On June 8, 2018, Jiaqian Wu 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 left shoulder injury related to vaccine administration (SIRVA). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 10, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 8, 2019, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $87,500 for her actual and projected pain and suffering and $1,474.75 for past unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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). 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-00814-UNJ Document 41 Filed 12/27/19 Page 2 of 5 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 $88,974.75 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-00814-UNJ Document 41 Filed 12/27/19 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JIAQIAN WU, ) ) Petitioner, ) ) No. 18-814V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) PROFFER ON AWARD OF COMPENSATION On August 29, 2019, respondent filed a Rule 4(c) Report, in which he conceded that petitioner sustained the onset of a left shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Vaccine Injury Table, following her receipt of an influenza (“flu”) vaccine administered on October 25, 2016. Docket No. 28. On September 10, 2019, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. Docket No. 29. I. Items of Compensation A. Pain and Suffering Respondent proffers that the Court should award petitioner a lump sum of $87,500.00 for her actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:18-vv-00814-UNJ Document 41 Filed 12/27/19 Page 4 of 5 B. Past Unreimbursable Expenses Respondent proffers that the Court should award petitioner a lump sum of $1,474.75 for past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $88,974.75, in the form of a check payable to petitioner, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa- 15(a).1 Petitioner agrees. 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 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 future pain and suffering. 2 Case 1:18-vv-00814-UNJ Document 41 Filed 12/27/19 Page 5 of 5 s/ Claudia B. Gangi CLAUDIA B. GANGI Senior 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) 616-4138 claudia.gangi@usdoj.gov Dated: November 8, 2019 3