VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01049 Package ID: USCOURTS-cofc-1_18-vv-01049 Petitioner: Nacole Troupe-Roberts Filed: 2018-07-18 Decided: 2019-10-15 Vaccine: influenza Vaccination date: 2016-08-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 112804 AI-assisted case summary: Nacole Troupe-Roberts filed a petition for compensation on July 18, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 29, 2016. The respondent filed a Rule 4(c) report on July 22, 2019, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the petitioner satisfied the statutory severity requirement by suffering residual effects for more than six months after vaccination. The respondent further stated that no civil action had been pursued in connection with the injury. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 23, 2019, finding the petitioner entitled to compensation. Subsequently, on October 15, 2019, Chief Special Master Dorsey issued a decision awarding damages based on a stipulation and proffer. The parties stipulated to an award of $112,804.00, consisting of $110,000.00 for pain and suffering and $2,804.00 in past unreimbursable expenses. The decision was made by Chief Special Master Nora Beth Dorsey, with petitioner represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent represented by Ryan Daniel Pyles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by the petitioner. Theory of causation field: Petitioner Nacole Troupe-Roberts alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on August 29, 2016. The respondent conceded entitlement, agreeing that the claim met the Table criteria for SIRVA, was timely filed, the vaccine was administered in the United States, and the petitioner met the statutory severity requirement. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. The parties stipulated to an award of $112,804.00, comprising $110,000.00 for pain and suffering and $2,804.00 for past unreimbursable expenses. The decision was issued by Chief Special Master Nora Beth Dorsey on October 15, 2019, based on a proffer. Petitioner's counsel was Shealene Priscilla Mancuso, and respondent's counsel was Ryan Daniel Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01049-0 Date issued/filed: 2019-10-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/23/2019) regarding 18 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01049-UNJ Document 28 Filed 10/11/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1049V Filed: July 23, 2019 UNPUBLISHED NACOLE TROUPE-ROBERTS, 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. Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On July 18, 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 an influenza (“flu”) vaccination administered on August 29, 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-01049-UNJ Document 28 Filed 10/11/19 Page 2 of 2 On July 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 claim meets the Table criteria for SIRVA.” Id. at 3. Respondent further agrees that “the case was timely filed, that the vaccine was received in the United States, and that petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” Id. at 4. Petitioner also states that “no civil action or proceedings have been pursued in connection with the vaccine- related injury.” 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-01049-1 Date issued/filed: 2019-10-15 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/23/2019) regarding 19 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01049-UNJ Document 29 Filed 10/15/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1049V Filed: July 23, 2019 UNPUBLISHED NACOLE TROUPE-ROBERTS, 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. Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On July 18, 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 an influenza (“flu”) vaccination administered on August 29, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 23, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On July 22, 2019, respondent filed a combined Rule 4 report/proffer on award of compensation (“Proffer”) indicating petitioner should be 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-01049-UNJ Document 29 Filed 10/15/19 Page 2 of 2 awarded $112,804.00 (consisting of $110,000.00 for pain and suffering and $2,804.00 in past, unreimbursable expenses). Rule 4 report/Proffer at 4. In the Rule 4/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 Rule 4/Proffer, the undersigned awards petitioner a lump sum payment of $112,804.00 (consisting of $110,000.00 for pain and suffering and $2,804.00 in past, unreimbursable expenses) in the form of a check payable to petitioner, Nacole Troupe-Roberts. 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