VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01399 Package ID: USCOURTS-cofc-1_18-vv-01399 Petitioner: Amy Link Filed: 2018-09-13 Decided: 2020-01-22 Vaccine: influenza Vaccination date: 2017-10-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 66282 AI-assisted case summary: Amy Link filed a petition for compensation under the National Vaccine Injury Compensation Program on September 13, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 29, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 12, 2019, conceding that petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. The respondent agreed 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. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 17, 2019, finding petitioner entitled to compensation. Subsequently, on December 19, 2019, the respondent filed a proffer on the award of compensation. Petitioner agreed with the proffered award. Chief Special Master Brian H. Corcoran issued a decision on January 22, 2020, awarding petitioner a lump sum payment of $66,282.30. This award included $65,000.00 for pain and suffering and $1,282.30 for unreimbursed expenses. Petitioner is a competent adult. Ronald Craig Homer represented the petitioner, and Christine Mary Becer represented the respondent. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Amy Link alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 29, 2017. The respondent conceded that the claim met the Table criteria for SIRVA. The case was timely filed, the vaccine was administered in the United States, and the petitioner experienced residual effects for more than six months, satisfying the statutory severity requirement. A ruling on entitlement was issued on September 17, 2019, finding petitioner entitled to compensation. On December 19, 2019, a proffer on award of compensation was filed, agreeing to $66,282.30, comprising $65,000.00 for pain and suffering and $1,282.30 for unreimbursed expenses. This award was approved by Chief Special Master Brian H. Corcoran in a decision dated January 22, 2020. The public text does not name specific medical experts or detail the mechanism of injury beyond it being a Table injury for SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01399-0 Date issued/filed: 2019-11-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/17/2019) regarding 37 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01399-UNJ Document 41 Filed 11/19/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1399V Filed: September 17, 2019 UNPUBLISHED AMY LINK, 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. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 13, 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”) vaccine administered on October 29, 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-01399-UNJ Document 41 Filed 11/19/19 Page 2 of 2 On September 12, 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 claim meets the Table criteria for SIRVA. Id. at 3. 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-01399-1 Date issued/filed: 2020-01-22 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/20/2019) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01399-UNJ Document 49 Filed 01/22/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1399V UNPUBLISHED AMY LINK, Chief Special Master Corcoran Petitioner, Filed: December 20, 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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 13, 2018, Amy Link 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 29, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 17, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On December 19, 2019, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $66,282.30. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees 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-01399-UNJ Document 49 Filed 01/22/20 Page 2 of 4 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 $66,282.30 (representing compensation in the amount of $65,000.00 for pain and suffering and $1,282.30 for unreimbursed expenses) 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-01399-UNJ Document 49 Filed 01/22/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) AMY LINK, ) ) Petitioner, ) ) No. 18-1399V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 12, 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 17, 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 $66,282.30 ($65,000.00 for pain and suffering and $1,282.30 for unreimbursed expenses) 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-01399-UNJ Document 49 Filed 01/22/20 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 $66,282.30 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 HEATHER L.PEARLMAN 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: December 19, 2019 2