VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01423 Package ID: USCOURTS-cofc-1_18-vv-01423 Petitioner: Jacqueline Staggers Filed: 2020-01-21 Decided: 2020-02-26 Vaccine: influenza Vaccination date: 2015-10-05 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 161967 AI-assisted case summary: Jacqueline Staggers filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on October 5, 2015. The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury was consistent with a SIRVA as defined on the Vaccine Injury Table. The respondent noted that Ms. Staggers had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, and her symptoms were limited to the vaccinated shoulder. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties submitted a proffer for an award of compensation. The respondent proposed an award of $161,967.55, which included $160,000.00 for pain and suffering and $1,967.55 for past lost wages. Petitioner agreed with this proffered award. The court accepted the proffer and awarded Ms. Staggers a lump sum payment of $161,967.55. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01423-0 Date issued/filed: 2020-02-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/21/2020) regarding 38 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01423-UNJ Document 48 Filed 02/24/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1423V UNPUBLISHED JACQUELINE STAGGERS, Chief Special Master Corcoran Petitioner, Filed: January 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Lynn Schlie, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On September 18, 2018, Jacqueline Staggers 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 left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza (“flu”) vaccine on October 5, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 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 concedes that Petitioner’s alleged injury is 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-01423-UNJ Document 48 Filed 02/24/20 Page 2 of 2 consistent with a SIRVA as defined on the Vaccine Injury Table. Id. at 5. Specifically, Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of the 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. 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-01423-1 Date issued/filed: 2020-02-26 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/22/2020) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01423-UNJ Document 49 Filed 02/26/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1423V UNPUBLISHED JACQUELINE STAGGERS, Chief Special Master Corcoran Petitioner, Filed: January 22, 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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 18, 2018, Jacqueline Staggers 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 left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza (“flu”) vaccine on October 5, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On January 22, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $161,967.55, representing compensation in the amount of $160,000.00 for Petitioner’s pain and suffering and $1,967.55 for Petitioner’s past lost wages. Proffer at 1. In the 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-01423-UNJ Document 49 Filed 02/26/20 Page 2 of 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 Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $161,967.55, representing compensation in the amount of $160,000.00 for Petitioner’s pain and suffering and $1,967.55 for Petitioner’s actual lost wages 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-01423-UNJ Document 49 Filed 02/26/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JACQUELINE STAGGERS, ) ) Petitioner, ) ) No. 18-1423V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 23, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 34. Thereafter, on January 21, 2020, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No. 38. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $161,967.55. The award is comprised of the following: $160,000.00 for pain and suffering and $1,967.55 for past lost wages. Petitioner represents that she has not incurred past unreimbursable expenses related to her vaccine-related injury. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through Case 1:18-vv-01423-UNJ Document 49 Filed 02/26/20 Page 4 of 4 a lump sum payment of $161,967.55, 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/ LYNN C. SCHLIE Lynn C. Schlie 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) 616-3667 Fax: (202) 616-4310 Dated: January 22, 2020