VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01441 Package ID: USCOURTS-cofc-1_18-vv-01441 Petitioner: Maddison Rowlett Filed: 2018-09-20 Decided: 2020-02-13 Vaccine: Hepatitis B Vaccination date: 2017-08-18 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: On September 20, 2018, Maddison Rowlett filed a petition for vaccine injury compensation alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Hepatitis B vaccination on August 18, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 27, 2019, conceding entitlement to compensation. The respondent's medical personnel concluded that the petitioner suffered a SIRVA of the left shoulder, which is a "Table injury" as defined by the Vaccine Injury Table. The respondent noted that the petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder, that the onset of pain occurred within 48 hours after the vaccination, that the pain was limited to the shoulder where the vaccine was administered, and that no other condition or abnormality could explain the symptoms. The respondent also agreed that the petitioner suffered residual effects of the condition for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 27, 2019, finding Maddison Rowlett entitled to compensation. Subsequently, on January 10, 2020, the respondent filed a proffer on award of compensation, proposing an award of $60,000.00 for past and future pain and suffering. The petitioner agreed to this proffered award. On February 13, 2020, Chief Special Master Corcoran issued a decision awarding Maddison Rowlett a lump sum payment of $60,000.00, payable by check to the petitioner, as compensation for all damages available under § 15(a). The public decision does not describe the specific onset symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. Theory of causation field: Maddison Rowlett received a Hepatitis B vaccination on August 18, 2017. She subsequently developed a Shoulder Injury Related to Vaccine Administration (SIRVA) of the left shoulder. The respondent conceded entitlement, agreeing that the injury met the criteria for a "Table injury" under 42 C.F.R. §§ 100.3(a), (c)(10), including onset of pain within 48 hours of vaccination, pain limited to the shoulder, and residual effects lasting more than six months, with no other identified condition explaining the symptoms. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 27, 2019, and a decision awarding damages on February 13, 2020. The award was a lump sum of $60,000.00 for past and future pain and suffering, based on a stipulation between petitioner (Michael G. McLaren) and respondent (Lisa Ann Watts). The public text does not detail the specific mechanism of injury or name any medical experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01441-0 Date issued/filed: 2020-01-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/27/2019) regarding 38 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01441-UNJ Document 47 Filed 01/27/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1441V UNPUBLISHED MADDISON ROWLETT, Chief Special Master Corcoran Petitioner, Filed: December 27, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Hepatitis B (Hep B) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On September 20, 2018, Maddison Rowlett 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 her August 18, 2017 Hepatitis B vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01441-UNJ Document 47 Filed 01/27/20 Page 2 of 2 On December 27, 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 indicates that [m]edical personnel at the Division of Injury Compensation Programs (“DICP”) have reviewed the petition and medical records filed in this case. Based on that review, DICP has concluded that petitioner suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder where the vaccine was administered; and, no other condition or abnormality, such as brachial neuritis, has been identified to explain petitioner’s left shoulder symptoms. 42 C.F.R. §§ 100.3(a), (c)(10). Id. at 5-6. Respondent further agrees that “petitioner suffered the residual effects of her condition for more than six months. 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act. 42 U.S.C. § 300aa-13.” Id. at 6. 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-01441-1 Date issued/filed: 2020-02-13 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/14/2020) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (SW) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01441-UNJ Document 48 Filed 02/13/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1441V UNPUBLISHED MADDISON ROWLETT, Chief Special Master Corcoran Petitioner, Filed: January 14, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Hepatitis B (Hep B) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 20, 2018, Maddison Rowlett 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 her August 18, 2017 Hepatitis B (“Hep B”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 27, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 10, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00 for her past and future pain and suffering. Proffer at 1-2. In the Proffer, 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-01441-UNJ Document 48 Filed 02/13/20 Page 2 of 4 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 $60,000.00 (for her past and future pain and suffering) 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-01441-UNJ Document 48 Filed 02/13/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MADDISON ROWLETT, ) ) Petitioner, ) ) v. ) No. 18-1441V ) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN ) ECF SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 20, 2018, Maddison Rowlett (“petitioner”) filed a petition for vaccine injury compensation alleging that she suffered a left shoulder injury related to vaccine administration (“SIRVA”), a Table injury, following receipt of a hepatitis B vaccination administered on August 18, 2017. Respondent filed his Rule 4(c) Report conceding entitlement to compensation on December 27, 2019. The Chief Special Master issued a Ruling on Entitlement that same day. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a total of $60,000.00 for her past and future pain and suffering. This 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 damages. 1 Case 1:18-vv-01441-UNJ Document 48 Filed 02/13/20 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 $60,000.00 in the form of a check payable to petitioner.2 Petitioner agrees. 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/Lisa A. Watts LISA A. WATTS Senior 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) 616-4099 DATED: January 10, 2020 2 Petitioner is a competent adult. Proof of guardianship is not required in this case. 2