VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00918 Package ID: USCOURTS-cofc-1_18-vv-00918 Petitioner: Mary Freehling Filed: 2018-06-26 Decided: 2020-03-09 Vaccine: influenza Vaccination date: 2016-10-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 67500 AI-assisted case summary: Mary Freehling filed a petition for compensation under the National Vaccine Injury Compensation Program on June 26, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination administered on October 3, 2016. The respondent filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 4, 2019, finding Ms. Freehling entitled to compensation. Subsequently, on February 7, 2020, the respondent filed a proffer recommending an award of $67,500.00 for pain and suffering, which the petitioner agreed to. Chief Special Master Corcoran issued a decision on March 9, 2020, awarding this lump sum payment to Ms. Freehling. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Jeffrey T. Sprague of the U.S. Department of Justice. Theory of causation field: Petitioner Mary Freehling alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 3, 2016. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The Special Master ruled on entitlement on December 4, 2019. A subsequent proffer on award of compensation, filed February 7, 2020, recommended a lump sum payment of $67,500.00 for pain and suffering, which petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision on March 9, 2020, awarding the $67,500.00 lump sum. Petitioner was represented by Paul R. Brazil, and respondent was represented by Jeffrey T. Sprague. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00918-0 Date issued/filed: 2020-01-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/04/2019) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00918-UNJ Document 42 Filed 01/07/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0918V UNPUBLISHED MARY FREEHLING, Chief Special Master Corcoran Petitioner, Filed: December 4, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On June 26, 2018, Mary Freehling 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 administered on October 3, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 3, 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 [P]etitioner’s alleged 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-00918-UNJ Document 42 Filed 01/07/20 Page 2 of 2 injury is consistent with a shoulder injury related to vaccine administration . . . as defined on the Vaccine Injury Table.” Id. at 7. Respondent further agrees 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, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-00918-1 Date issued/filed: 2020-03-09 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/07/2020) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00918-UNJ Document 49 Filed 03/09/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0918V UNPUBLISHED MARY FREEHLING, Chief Special Master Corcoran Petitioner, Filed: February 7, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On June 26, 2018, Mary Freehling 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 administered on October 3, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 4, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On February 7, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00, representing her pain and suffering. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 2. 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-00918-UNJ Document 49 Filed 03/09/20 Page 2 of 5 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 $67,500.00, representing her pain and suffering 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-00918-UNJ Document 49 Filed 03/09/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) MARY FREEHLING, ) ) Petitioner, ) No. 18-918V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On June 26, 2018, Mary Freehling (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. She alleges that, as a result of receiving the influenza vaccine on October 3, 2016, she suffered from a shoulder injury related to vaccine administration (SIRVA). See Petition. On December 3, 2019, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered a left SIRVA as defined by the Vaccine Injury Table within the Table timeframe. On December 4, 2019, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA Table injury. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $67,500.00 for all damages, with the full amount representative of her pain and 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:18-vv-00918-UNJ Document 49 Filed 03/09/20 Page 4 of 5 suffering. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment, as described below, and requests that the Chief Special Master’s decision and the Court’s judgment award the following: A lump sum payment of $67,500.00 in the form of a check payable to petitioner.2 Petitioner agrees. 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2 Case 1:18-vv-00918-UNJ Document 49 Filed 03/09/20 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 HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division /s/Jeffrey T. Sprague JEFFREY T. SPRAGUE Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4179 Dated: February 7, 2020 3