VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01143 Package ID: USCOURTS-cofc-1_18-vv-01143 Petitioner: Iris J. Jackson Filed: 2018-08-06 Decided: 2020-02-05 Vaccine: influenza Vaccination date: 2017-09-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 124348 AI-assisted case summary: Iris J. Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 6, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 25, 2017. The respondent conceded that the petitioner's claim met the Table criteria for SIRVA, noting that she had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and the pain was limited to the injected shoulder. The respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and the petitioner met the statutory severity requirement. A ruling on entitlement was issued on July 25, 2019, finding Iris J. Jackson entitled to compensation. Subsequently, on January 3, 2020, the respondent filed a proffer on award of compensation, recommending a total award of $124,348.79, which included $120,000.00 for pain and suffering and $4,348.79 for past unreimbursable expenses. The petitioner agreed with this proffered award. On February 5, 2020, the court issued a decision awarding Iris J. Jackson a lump sum payment of $124,348.79. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01143-0 Date issued/filed: 2019-10-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/25/2019) regarding 24 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01143-UNJ Document 30 Filed 10/15/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1143V Filed: July 25, 2019 UNPUBLISHED IRIS J. JACKSON, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH Shoulder Injury Related to Vaccine AND HUMAN SERVICES, Administration (SIRVA) Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner. Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On August 6, 2018, Iris J. Jackson (“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”) vaccine she received on September 25, 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-01143-UNJ Document 30 Filed 10/15/19 Page 2 of 2 On July 24, 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 states that [t]he Division of Injury Compensation Programs has reviewed the facts of this case and concluded that petitioner’s claim meets the Table criteria for SIRVA. Specifically, petitioner had no history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she suffered the onset of pain within forty eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that would explain petitioner’s symptoms. Therefore, petitioner is entitled to compensation. Id. at 4-5. Respondent further agrees that “the records show 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. 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-01143-1 Date issued/filed: 2020-02-05 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 01/06/2020) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01143-UNJ Document 44 Filed 02/05/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1143V UNPUBLISHED IRIS J. JACKSON, Chief Special Master Corcoran Petitioner, Filed: January 6, 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) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On August 6, 2018, Iris J. Jackson 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 she received on September 25, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 25, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 3, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $124,348.79, representing compensation for Petitioner’s actual and projected pain and suffering 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-01143-UNJ Document 44 Filed 02/05/20 Page 2 of 5 ($120,000.00) and past unreimbursable expenses ($4,348.79). Proffer at 2. 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 Petitioner a lump sum payment of $124,348.79, (representing compensation for pain and suffering ($120,000.00) and past unreimbursable expenses ($4,348.79)) 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-01143-UNJ Document 44 Filed 02/05/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) IRIS J. JACKSON, ) ) Petitioner, ) ) No. 18-1143V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 6, 2018, Iris J. Jackson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a right shoulder injury as a result of an influenza (“flu”) vaccine administered on September 25, 2017. On July 25, 2019, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $120,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Unreimbursable Expenses Evidence supplied by petitioner documents petitioner’s unreimbursable expenses as a result of her vaccine injury. Respondent proffers that petitioner should be awarded Case 1:18-vv-01143-UNJ Document 44 Filed 02/05/20 Page 4 of 5 unreimbursable expenses in the amount of $4,348.79, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 following1: a lump sum payment of $124,348.79, representing compensation for pain and suffering ($120,000.00), and past unreimbursable expenses ($4,348.79), in the form of a check payable to petitioner, Iris J. Jackson. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Iris J. Jackson: $124,348.79 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 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 lost earnings and future pain and suffering. 2 Case 1:18-vv-01143-UNJ Document 44 Filed 02/05/20 Page 5 of 5 s/ Catherine E. Stolar CATHERINE E. STOLAR 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) 353-3299 Fax: (202) 616-4310 Email: catherine.stolar@usdoj.gov DATED: 1/3/2020 3