VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01054 Package ID: USCOURTS-cofc-1_18-vv-01054 Petitioner: Yvonne Wilson Filed: 2018-07-18 Decided: 2019-12-05 Vaccine: influenza Vaccination date: 2016-10-13 Condition: right shoulder injury Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Yvonne Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program on July 18, 2018, alleging she suffered a right shoulder injury as a result of receiving an influenza vaccine on October 13, 2016. The respondent filed a Rule 4(c) report on September 26, 2019, conceding that petitioner's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) and that she satisfied the statutory severity requirement by suffering residual effects for more than six months after vaccination. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 30, 2019, finding petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on October 2, 2019, the respondent filed a Proffer on Award of Compensation, recommending an award of $50,000.00, which petitioner agreed to. Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages on December 5, 2019, awarding Yvonne Wilson a lump sum payment of $50,000.00, payable by check to petitioner, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice. Theory of causation field: Petitioner Yvonne Wilson received an influenza vaccine on October 13, 2016. She alleged a right shoulder injury. The respondent conceded that the claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) and that the statutory severity requirement was met due to residual effects lasting more than six months. A Ruling on Entitlement was issued on September 30, 2019, by Chief Special Master Nora Beth Dorsey, finding entitlement. A Proffer on Award of Compensation was filed on October 2, 2019, by respondent, recommending $50,000.00, which petitioner accepted. Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages on December 5, 2019, awarding a $50,000.00 lump sum payment. The specific mechanism of injury, expert testimony, or detailed medical evidence regarding the shoulder injury is not described in the provided public text. The theory of causation is based on the "Table" for SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01054-0 Date issued/filed: 2019-12-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/30/2019) regarding 30 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01054-UNJ Document 39 Filed 12/04/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1054V Filed: September 30, 2019 UNPUBLISHED YVONNE WILSON, 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. Christine Mary Becer, 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 from a right shoulder injury as a result of receiving the influenza vaccine on October 13, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 26, 2019, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 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-01054-UNJ Document 39 Filed 12/04/19 Page 2 of 2 4(c) Report at 1. Specifically, respondent states that “petitioner’s claim meets the Table criteria for [shoulder injury related to vaccine administration (“SIRVA”)].” Id. at 3. Respondent further agrees 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. 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-01054-1 Date issued/filed: 2019-12-05 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/04/2019) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01054-UNJ Document 41 Filed 12/05/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1054V Filed: October 4, 2019 UNPUBLISHED YVONNE WILSON, 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. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Corcoran, 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 from a right shoulder injury as a result of receiving the influenza vaccine on October 13, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 30, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On October 2, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $50,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the 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-01054-UNJ Document 41 Filed 12/05/19 Page 2 of 4 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 $50,000.00 in the form of a check payable to petitioner, Yvonne Wilson. 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-01054-UNJ Document 41 Filed 12/05/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) YVONNE WILSON, ) ) Petitioner, ) ) No. 18-1054V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 26, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on September 30, 2019, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $50,000.00 which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. Case 1:18-vv-01054-UNJ Document 41 Filed 12/05/19 Page 4 of 4 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $50,000.00 in the form of a check payable to petitioner. Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 s/Christine Mary Becer CHRISTINE MARY BECER 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) 616-3665 Date: October 2, 2019 2