VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01682 Package ID: USCOURTS-cofc-1_18-vv-01682 Petitioner: Lindsey Miller Filed: 2018-10-31 Decided: 2020-05-26 Vaccine: influenza Vaccination date: 2018-01-15 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 60810 AI-assisted case summary: Lindsey Miller filed a petition for compensation on October 31, 2018, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) in her left shoulder within two days of receiving an influenza vaccine on January 15, 2018. This was considered a Table injury. Respondent conceded entitlement, stating that Miller had no prior history of shoulder issues, developed pain and reduced range of motion in the vaccinated shoulder within 48 hours of injection, and that no other condition could explain her symptoms. The case was timely filed, the vaccine was received in the United States, and the injury had residual effects for more than six months. A ruling on entitlement was issued on April 20, 2020, finding her entitled to compensation. Subsequently, on May 26, 2020, a decision awarding damages was issued. Respondent proffered an award of $60,810.00, which included $60,000.00 for pain and suffering and $810.00 for unreimbursed expenses, and Petitioner agreed to this amount. The court awarded Lindsey Miller a lump sum payment of $60,810.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01682-0 Date issued/filed: 2020-05-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/20/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01682-UNJ Document 32 Filed 05/22/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1682V UNPUBLISHED LINDSEY MILLER, Chief Special Master Corcoran Petitioner, Filed: April 20, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Kristina E. Grigorian, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 31, 2018, Lindsey Miller 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 vaccine-specific injury on the Vaccine Injury Table within the requisite time period set forth in the Table (a “Table” injury). Petition at 1. Specifically, Petitioner alleges that she developed a left Shoulder Injury Related to Vaccine Administration (SIRVA) within two days of receiving an influenza (“flu”) vaccine in her left shoulder on January 15, 2018. Id. 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-01682-UNJ Document 32 Filed 05/22/20 Page 2 of 2 On April 20, 2020, 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 states that “petitioner had no apparent history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she more likely than not suffered the onset of pain within forty-eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that would explain petitioner’s symptoms.” Id. at 3. Respondent further agrees that the case was timely filed, the vaccine was received in the United States, and Petitioner has suffered the residual effects or complications of her injury for more than six months after vaccine administration. Id. at 4. 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-01682-1 Date issued/filed: 2020-05-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/20/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01682-UNJ Document 33 Filed 05/26/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1682V UNPUBLISHED LINDSEY MILLER, Chief Special Master Corcoran Petitioner, Filed: April 20, 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) Kristina E. Grigorian, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 31, 2018, Lindsey Miller 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 she suffered a vaccine-specific injury on the Vaccine Injury Table within the requisite time period set forth in the Table (a “Table” injury). Petition at 1. Specifically, Petitioner alleges that she developed a left Shoulder Injury Related to Vaccine Administration (SIRVA) within two days of receiving an influenza (“flu”) vaccine in her left shoulder on January 15, 2018. Id. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 20, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a left SIRVA. On April 20, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,810.00. 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-01682-UNJ Document 33 Filed 05/26/20 Page 2 of 2 ECF 26 at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 4. Of this total amount, $60,000.00 represents an award for pain and suffering, and $810.00 represents an award for unreimbursed expenses. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Therefore, I award Petitioner a lump sum payment of $60,810.00 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