VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01134 Package ID: USCOURTS-cofc-1_18-vv-01134 Petitioner: Jennifer Robinson Filed: 2018-08-02 Decided: 2020-01-07 Vaccine: influenza Vaccination date: 2017-10-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85782 AI-assisted case summary: Jennifer Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 2, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 2, 2017. The case was assigned to the Special Processing Unit. On August 5, 2019, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 6, 2019, finding petitioner entitled to compensation. Subsequently, on December 5, 2019, the parties submitted a proffer on the award of compensation. Chief Special Master Brian H. Corcoran issued a decision on January 7, 2020, awarding Jennifer Robinson a total of $85,782.63. This award comprised a lump sum payment of $80,000.00 for past and future pain and suffering, payable to petitioner, and a lump sum payment of $5,782.63 to satisfy the State of Louisiana Medicaid lien, payable jointly to petitioner and Equian, LLC, with petitioner agreeing to endorse the payment to the State of Louisiana. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice. Theory of causation field: Petitioner Jennifer Robinson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 2, 2017. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that residual effects lasted more than six months. The public text indicates this was a "Table Injury." No specific medical experts were named in the provided text. The Special Master's ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on August 6, 2019. A subsequent decision by Chief Special Master Brian H. Corcoran on January 7, 2020, awarded $85,782.63, consisting of $80,000.00 for past and future pain and suffering and $5,782.63 to satisfy a State of Louisiana Medicaid lien. Petitioner was represented by Michael G. McLaren, and respondent by Mallori Browne Openchowski. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01134-0 Date issued/filed: 2019-11-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: ) regarding 27 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01134-UNJ Document 33 Filed 11/01/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1134V Filed: August 6, 2019 UNPUBLISHED JENNIFER ROBINSON, 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. Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On August 2, 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 October 2, 2017. 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-01134-UNJ Document 33 Filed 11/01/19 Page 2 of 2 On August 5, 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 alleged injury is consistent with a SIRVA, as defined on the Vaccine Injury Table. Id. at 3. Respondent further agrees that petitioner suffered residual effects of her condition for more than six months. Id. at 3-4. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01134-1 Date issued/filed: 2020-01-07 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/06/2019) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01134-UNJ Document 43 Filed 01/07/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1134V UNPUBLISHED JENNIFER ROBINSON, Chief Special Master Corcoran Petitioner, Filed: December 6, 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) Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On August 2, 2018, Jennifer Robinson 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”) vaccine administered on October 2, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 6, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On December 5, 2019, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $85,782.63. 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-01134-UNJ Document 43 Filed 01/07/20 Page 2 of 5 Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees 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 the following: 1. A lump sum payment of $80,000.00 (representing compensation for past and future pain and suffering) in the form of a check payable to Petitioner. 2. A lump sum payment of $5,782.63, representing compensation for satisfaction of the State of Louisiana Medicaid lien, payable jointly to Petitioner, and Equian, LLC P.O. Box 32140 Louisville, KY 40232-2140 Petitioner agrees to endorse this payment to the State of Louisiana. The amounts above represent 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-01134-UNJ Document 43 Filed 01/07/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JENNIFER ROBINSON, Petitioner, v. No. 18-1134 Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On August 5, 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 August 6, 2019, the Chief Special Master issued a Ruling on Entitlement. Respondent now proffers that, based on the evidence of record, petitioner should be awarded $85,782.63. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Items of Compensation and Form of the Award The parties recommend that the compensation provided to petitioner should be made through lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following: 1 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 pain and suffering, and future lost wages. Case 1:18-vv-01134-UNJ Document 43 Filed 01/07/20 Page 4 of 5 A. Petitioner’s Damages A lump sum payment of $80,000.00 (representing damages for past and future pain and suffering) in the form of a check payable to petitioner, Jennifer Robinson. B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Louisiana Medicaid lien in the amount of $5,782.63, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Louisiana had made to or on behalf of Jennifer Robinson from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 2, 2017, under Title XIX of the Social Security Act. Reimbursement of the State of Louisiana lien shall be made through a lump sum payment of $5,782.63, representing compensation for satisfaction of the State of Louisiana lien, payable jointly to petitioner, and Equian, LLC P.O. Box 32140 Louisville, KY 40232-2140 Petitioner agrees to endorse this payment to the State of Louisiana. C. Guardianship Petitioner is a competent adult. Evidence of guardianship is not required in this case. III. Summary of Recommended Payments Following Judgment A. Lump sum paid to petitioner $80,000.00 B. Reimbursement of Medicaid lien $5,782.63 2 Case 1:18-vv-01134-UNJ Document 43 Filed 01/07/20 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Mallori B. Openchowski MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 DATED: December 5, 2019 3