VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01675 Package ID: USCOURTS-cofc-1_18-vv-01675 Petitioner: Deborah Flynn Filed: 2018-10-30 Decided: 2020-02-18 Vaccine: influenza Vaccination date: 2018-01-17 Condition: left shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Deborah Flynn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she sustained left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine received on January 17, 2018. The respondent conceded that Ms. Flynn was entitled to compensation, noting that she had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition could explain her pain. The respondent further agreed that she suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on December 11, 2019, finding her entitled to compensation. Subsequently, on January 15, 2020, the respondent filed a proffer agreeing to an award of $45,000.00 for pain and suffering, which Ms. Flynn accepted. The court issued a decision awarding this lump sum payment on February 18, 2020. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01675-0 Date issued/filed: 2020-01-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/11/2019) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01675-UNJ Document 27 Filed 01/14/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1675V UNPUBLISHED DEBORAH FLYNN, Chief Special Master Corcoran Petitioner, Filed: December 11, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Phyllis Widman, Jacobs & Barbone, Atlantic City, NJ, for petitioner. Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 30, 2018, Deborah Flynn 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 sustained left shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on January 17, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 6, 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 notes that “petitioner had no history of pain, 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-01675-UNJ Document 27 Filed 01/14/20 Page 2 of 2 inflammation, or dysfunction of her left shoulder; pain occurred within 48 hours after the flu vaccine was administered; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that “based on the medical records . . . petitioner suffered the residual effects of her condition for more than six months . . . . [and] has satisfied all legal prerequisites for compensation under the Act.” 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-01675-1 Date issued/filed: 2020-02-18 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/16/2020) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01675-UNJ Document 34 Filed 02/18/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1675V UNPUBLISHED DEBORAH FLYNN, Chief Special Master Corcoran Petitioner, Filed: January 16, 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) Phyllis Widman, Jacobs & Barbone, Atlantic City, NJ, for petitioner. Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 30, 2018, Deborah Flynn 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 sustained left shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on January 17, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 11, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 15, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00, with the full amount being for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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-01675-UNJ Document 34 Filed 02/18/20 Page 2 of 4 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 $45,000.00, with the full amount being for 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-01675-UNJ Document 34 Filed 02/18/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) DEBORAH FLYNN, ) ) Petitioner, ) No. 18-1675V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On October 30, 2018, Deborah Flynn (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. She alleges that, as a result of receiving the influenza vaccine on January 17, 2018, she suffered from a left shoulder injury related to vaccine administration (“SIRVA”). Petition. On December 6, 2019, respondent filed his Vaccine Rule 4(c) report, conceding SIRVA as a Table injury. On December 11, 2019, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $45,000.00, for all damages, with the full amount being for pain and suffering, paid in the form of a check to petitioner. This amount represents all elements of compensation to 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:18-vv-01675-UNJ Document 34 Filed 02/18/20 Page 4 of 4 which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $45,000.00 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/Jeffrey T. Sprague JEFFREY T. SPRAGUE Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box l46, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4179 Dated: January 15, 2020 Fax: (202) 616-4310 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2