VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01503 Package ID: USCOURTS-cofc-1_18-vv-01503 Petitioner: Elizabeth Conner Wood Filed: 2018-09-28 Decided: 2020-01-06 Vaccine: influenza Vaccination date: 2017-12-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 51426 AI-assisted case summary: Elizabeth Conner Wood filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on December 3, 2017. The case was assigned to the Special Processing Unit. On September 16, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA, as respondent conceded that her injury was consistent with a table SIRVA and she met all legal prerequisites. Subsequently, on December 3, 2019, respondent filed a proffer on award of compensation, recommending an award of $51,426.09, which included $50,000.00 for pain and suffering, $726.54 for unreimbursed medical expenses, and $699.55 for lost earnings. Petitioner agreed with the proffered award. Chief Special Master Corcoran issued a decision awarding Petitioner a lump sum payment of $51,426.09 on January 6, 2020. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01503-0 Date issued/filed: 2019-11-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 9/16/2019) regarding 24 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01503-UNJ Document 30 Filed 11/19/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1503V Filed: September 16, 2019 UNPUBLISHED ELIZABETH CONNER WOOD, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF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. Andrew Gordon Melling, McNair Law Firm, P.A., Columbia, SC, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On September 18, 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 that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on December 3, 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-01503-UNJ Document 30 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 has concluded that petitioner’s injury is consistent with a table SIRVA. Id. at 3. Respondent further agrees that petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 4. 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-01503-1 Date issued/filed: 2020-01-06 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/03/2019) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01503-UNJ Document 36 Filed 01/06/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1503V UNPUBLISHED ELIZABETH CONNOR WOOD, Chief Special Master Corcoran Petitioner, Filed: December 3, 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) Andrew Gordon Melling, McNair Law Firm, PA, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On September 28, 2018, Elizabeth Connor Wood 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 SIRVA, resulting from adverse effects of the administration of a Fluvirin PF 0.5ml influenza vaccination on December 3, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 16, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for Petitioner’s SIRVA. On December 3, 2019, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $51,426.09. Proffer at 1. In the Proffer, Respondent represented 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-01503-UNJ Document 36 Filed 01/06/20 Page 2 of 4 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 $51,426.09 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 CCaassee 11::1188--vvvv--0011550033--UUNNJJ DDooccuummeenntt 3326 FFiilleedd 1021//0036//1290 PPaaggee 13 ooff 24 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ELIZABETH CONNER WOOD, Petitioner, v. No. 18-1503V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items On September 12, 2019, respondent concededed that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on September 16, 2019, former Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner should be awarded $51,426.09, which is comprised of damages for pain and suffering in the amount of $50,000.00, unreimbursed out-of-pocket medical expenses in the amount of $726.54, and lost earnings in the amount of $699.55. This amount 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 lost earnings and future pain and suffering. CCaassee 11::1188--vvvv--0011550033--UUNNJJ DDooccuummeenntt 3326 FFiilleedd 1021//0036//1290 PPaaggee 24 ooff 24 II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $51,426.09, 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/ Mallori B. Openchowski MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 DATED: December 3, 2019