VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01407 Package ID: USCOURTS-cofc-1_18-vv-01407 Petitioner: Alanna K. Infinger Filed: 2020-04-09 Decided: 2020-05-13 Vaccine: influenza Vaccination date: 2017-10-12 Condition: left-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 86927 AI-assisted case summary: Alanna K. Infinger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on October 12, 2017, caused a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded that Ms. Infinger's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table. The respondent noted that Ms. Infinger had no prior history of left shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Infinger entitled to compensation. Subsequently, a decision awarding damages was issued. The parties stipulated to an award of $86,927.85, which included $62,500.00 for pain and suffering, $21,987.81 for lost wages, and $2,440.04 for past unreimbursable expenses. This award was made as a lump sum payment to Ms. Infinger. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01407-0 Date issued/filed: 2020-05-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/09/2020) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01407-UNJ Document 38 Filed 05/12/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1407V UNPUBLISHED ALANNA K. INFINGER, Chief Special Master Corcoran Petitioner, Filed: April 9, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Miriam A. Johnson, Berman & Simmons, P.A., Lewiston, ME, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On September 14, 2018, Alanna K. Infinger 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 as a result of an influenza (“flu”) vaccine she received on October 12, 2017, she suffered a left-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at Preamble, ¶ 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 9, 2020, Respondent filed a combined Rule 4(c) report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report/Proffer at 1. Specifically, Respondent states that 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-01407-UNJ Document 38 Filed 05/12/20 Page 2 of 2 “petitioner’s alleged injury is consistent with SIRVA, as defined on the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her symptoms.” Id. at 5. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01407-1 Date issued/filed: 2020-05-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/09/2020) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01407-UNJ Document 39 Filed 05/13/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1407V UNPUBLISHED ALANNA K. INFINGER, Chief Special Master Corcoran Petitioner, Filed: April 9, 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) Miriam A. Johnson, Berman & Simmons, P.A.,, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 14, 2018, Alanna K. Infinger 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 that as a result of an influenza (“flu”) vaccine she received on October 12, 2017, she suffered a left-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at Preamble, ¶ 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 9, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On April 9, 2020, Respondent filed a combined Rule 4(c) Report and proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded $86,927.85 (comprised of $62,500.00 for pain and suffering, $21,987.81 for lost wages, and $2,440.04 for past unreimbursable expenses). Rule 1 Because this unpublished decision 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 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, 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-01407-UNJ Document 39 Filed 05/13/20 Page 2 of 2 4/Proffer at 6. In the Rule 4/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 Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $86,927.85 (comprised of $62,500.00 for pain and suffering, $21,987.81 for lost wages; and $2,440.04 for past unreimbursable 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