VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01642 Package ID: USCOURTS-cofc-1_18-vv-01642 Petitioner: Christopher W. Lindbloom Filed: 2020-02-28 Decided: 2020-04-01 Vaccine: influenza Vaccination date: 2017-10-20 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 57643 AI-assisted case summary: Christopher W. Lindbloom filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his October 20, 2017 influenza vaccination. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Mr. Lindbloom was entitled to compensation. The respondent specifically noted that Mr. Lindbloom had no prior history of shoulder issues, that his pain began within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Mr. Lindbloom suffered residual effects for more than six months, satisfying the legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Lindbloom entitled to compensation. Subsequently, a damages decision was issued. The respondent proffered an award of $57,643.62, which included $143.62 for unreimbursable expenses and $57,500.00 for pain and suffering. Mr. Lindbloom agreed with this award. The court accepted the proffer and awarded Mr. Lindbloom the lump sum of $57,643.62. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01642-0 Date issued/filed: 2020-03-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/28/2020) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01642-UNJ Document 36 Filed 03/30/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1642V UNPUBLISHED CHRISTOPHER W. LINDBLOOM, Chief Special Master Corcoran Petitioner, Filed: February 28, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling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) Glenn Howard Sturtevant, Jr., Rawls Law Group, Richmond, VA, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 24, 2018, Christopher W. Lindbloom 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 he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of his October 20, 2017 influneza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 27, 2020, Respondent filed his Rule 4(c) Report and Proffer on Award of Compensation in which he concedes that Petitioner is entitled to 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-01642-UNJ Document 36 Filed 03/30/20 Page 2 of 2 compensation in this case. Respondent’s Rule 4(c) Report and Proffer on Award of Compensation at 1. Specifically, Respondent indicates that [m]edical personnel at DICP have reviewed the Petition and medical records filed in this case. Based on that review, DICP has concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no recent history of pain, inflammation, or dysfunction of his 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 has been identified to explain petitioner’s left shoulder pain. 42 C.F.R. §§ 100.3(a), (c)(10). Id. at 2. Respondent further agrees that “petitioner suffered the residual effects of his 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. 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-01642-1 Date issued/filed: 2020-04-01 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/28/2020) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01642-UNJ Document 37 Filed 04/01/20 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1642V UNPUBLISHED CHRISTOPHER W. LINDBLOOM, Chief Special Master Corcoran Petitioner, Filed: February 28, 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) Glenn Howard Sturtevant, Jr., Rawls Law Group, Richmond, VA, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 24, 2018, Christopher W. Lindbloom 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 he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of his October 20, 2017 influneza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 27, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On February 27, 2020, Respondent filed a Rule 4(c) Report and Proffer on Award of Compensation (“Proffer”) indicating Petitioner should be awarded $57,643.62 (representing $143.62 in compensation for unreimbursable expenses and $57,500.00 in compensation for actual and projected 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-01642-UNJ Document 37 Filed 04/01/20 Page 2 of 2 pain and suffering). Proffer at 3. In the 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 Proffer, I award Petitioner a lump sum payment of $57,643.62 (representing $143.62 in compensation for unreimbursable expenses and $57,500.00 in compensation for actual and projected 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