VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00966 Package ID: USCOURTS-cofc-1_18-vv-00966 Petitioner: Anna Matriss Filed: 2018-07-06 Decided: 2019-09-11 Vaccine: influenza Vaccination date: 2016-09-20 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 77500 AI-assisted case summary: Anna Matriss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 20, 2016. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that Ms. Matriss is entitled to compensation. Respondent concluded that her medical course was consistent with SIRVA as defined on the Vaccine Injury Table and that she had suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Ms. Matriss entitled to compensation. Subsequently, the respondent filed a proffer indicating that Ms. Matriss should be awarded $77,500.00, an amount to which she agreed. The court awarded Ms. Matriss a lump sum payment of $77,500.00 as compensation for all available damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00966-0 Date issued/filed: 2019-09-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/20/2019) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00966-UNJ Document 34 Filed 09/11/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-966V Filed: June 20, 2019 UNPUBLISHED ANNA MATRISS, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On July 6, 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on September 20, 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-00966-UNJ Document 34 Filed 09/11/19 Page 2 of 2 On June 20, 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 concludes that petitioner’s medical course is consistent with SIRVA as defined on the Vaccine Injury Table Id. at 3. Respondent further agrees that petitioner has suffered the residual effects of her condition for more than six months. 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-00966-1 Date issued/filed: 2019-09-11 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/20/2019) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00966-UNJ Document 36 Filed 09/11/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-966V Filed: June 20, 2019 UNPUBLISHED ANNA MATRISS, Petitioner, Special Processing Unit (SPU); v. Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder SECRETARY OF HEALTH AND Injury Related to Vaccine HUMAN SERVICES, Administration (SIRVA) Respondent. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On July 6, 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on September 20, 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 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision 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-00966-UNJ Document 36 Filed 09/11/19 Page 2 of 2 On June 20, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. Respondent filed a proffer on award of compensation (“Proffer”) in conjunction with his Rule 4(c) Report indicating petitioner should be awarded $77,500.00. Respondent’s Rule 4(c) Report and Proffer at 3-4. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the Proffer, the undersigned awards petitioner a lump sum payment of $77,500.00 in the form of a check payable to petitioner, Anna Matriss. 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/Nora Beth Dorsey Nora Beth Dorsey 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