VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01480 Package ID: USCOURTS-cofc-1_18-vv-01480 Petitioner: Tajuana Perkins Filed: 2018-09-26 Decided: 2019-12-26 Vaccine: influenza Vaccination date: 2016-10-11 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Tajuana Perkins filed a petition for compensation under the National Vaccine Injury Compensation Program on September 26, 2018, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 11, 2016. The case was assigned to the Special Processing Unit. On September 27, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Perkins was entitled to compensation, agreeing that she suffered a Table SIRVA and that no other causes for her injury were identified. The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 27, 2019, finding Ms. Perkins entitled to compensation. Subsequently, the parties reached a stipulation for an award of compensation. On November 7, 2019, the respondent filed a proffer on award of compensation, indicating that Ms. Perkins should be awarded $80,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). Ms. Perkins agreed with this proffered award. Chief Special Master Brian H. Corcoran issued a decision on November 7, 2019, awarding Ms. Perkins a lump sum payment of $80,000.00 in the form of a check payable to her. Ms. Perkins was determined to be a competent adult, and evidence of guardianship was not required. The decision was posted on the United States Court of Federal Claims' website. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice. Theory of causation field: Petitioner Tajuana Perkins alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 11, 2016. The respondent conceded entitlement to compensation, agreeing that the injury was a Table SIRVA and that no other causes were identified, satisfying the statutory six-month sequela requirement. The case proceeded as a Table claim. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 27, 2019. Subsequently, Chief Special Master Brian H. Corcoran issued a decision on November 7, 2019, awarding a lump sum of $80,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a), via check payable to the petitioner. Petitioner was represented by Amy A. Senerth, and respondent was represented by Lara Ann Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01480-0 Date issued/filed: 2019-11-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/27/2019) regarding 25 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01480-UNJ Document 31 Filed 11/13/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1480V Filed: September 27, 2019 UNPUBLISHED TAJUANA PERKINS, 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. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 26, 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on October 11, 2016. 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-01480-UNJ Document 31 Filed 11/13/19 Page 2 of 2 On September 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 concludes that petitioner suffered a Table SIRVA. Id. at 4. Respondent further agrees that no other causes for petitioner’s SIRVA were identified and the statutory six-month sequela requirement has been satisfied. 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-01480-1 Date issued/filed: 2019-12-26 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/07/2019) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01480-UNJ Document 39 Filed 12/26/19 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1480V UNPUBLISHED TAJUANA PERKINS, Chief Special Master Corcoran Petitioner, Filed: November 7, 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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 26, 2018, Tajuana Perkins 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 an influenza (“flu”) vaccine administered on October 11, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 27, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On November 7, 2019, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $80,000.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees 1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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). 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-01480-UNJ Document 39 Filed 12/26/19 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 $80,000.00 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-01480-UNJ Document 39 Filed 12/26/19 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS TAJUANA PERKINS, ) ) Petitioner, ) ) v. ) No. 18-1480 ) Chief Special Master Brian Corcoran SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 27, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered a Shoulder Injury Related to Vaccine Administration within the Table timeframe following an influenza vaccination, and conceding petitioner’s entitlement to compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on September 27, 2019, the Chief Special Master issued a Ruling on Entitlement. I. Items of Compensation Respondent proffers that petitioner should be awarded $80,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:18-vv-01480-UNJ Document 39 Filed 12/26/19 Page 4 of 4 II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $80,000.00 in the form of a check payable to petitioner.1 This lump sum payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 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 GABRIELLE FIELDING Assistant Director Torts Branch, Civil Division s/ LARA A. ENGLUND LARA A. ENGLUND 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) 307-3013 E-mail: lara.a.englund@usdoj.gov Dated: November 7, 2019 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 pain and suffering, and future lost wages. 2