VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01722 Package ID: USCOURTS-cofc-1_18-vv-01722 Petitioner: Amy Hansen Filed: 2018-11-06 Decided: 2020-07-14 Vaccine: influenza Vaccination date: 2016-11-01 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 63518 AI-assisted case summary: Amy Hansen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on November 1, 2016. The respondent conceded that Ms. Hansen was entitled to compensation, agreeing that she met the criteria for SIRVA under the Vaccine Injury Table. Specifically, the respondent noted that Ms. Hansen had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of the vaccination, her symptoms were confined to the vaccinated shoulder, and no other condition could explain her symptoms. A ruling on entitlement was issued on January 15, 2020, finding Ms. Hansen entitled to compensation. Subsequently, on June 11, 2020, the respondent filed a proffer on award of compensation, recommending an award of $63,518.95. This amount included $60,000.00 for pain and suffering, with projected pain and suffering reduced to net present value, and $3,518.95 for past unreimbursable expenses. Ms. Hansen agreed with the proffered award. On July 14, 2020, the Chief Special Master issued a decision awarding Ms. Hansen a lump sum payment of $63,518.95. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01722-0 Date issued/filed: 2020-02-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/15/2020) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01722-UNJ Document 24 Filed 02/18/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1722V UNPUBLISHED AMY HANSEN, Chief Special Master Corcoran Petitioner, Filed: January 15, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On November 6, 2018, Amy Hansen 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on November 1, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 15, 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 agrees that Petitioner has satisfied the 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-01722-UNJ Document 24 Filed 02/18/20 Page 2 of 2 criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. Id. at 4. Respondent further agrees that “Petitioner had no relevant history of pain, inflammation or dysfunction in her right shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her symptoms.” 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-01722-1 Date issued/filed: 2020-07-14 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/12/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01722-UNJ Document 36 Filed 07/14/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1722V UNPUBLISHED AMY HANSEN, Chief Special Master Corcoran Petitioner, Filed: June 12, 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) Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On November 6, 2018, Amy Hansen 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on November 1, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 15, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On June 11, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $63,518.95. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the 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-01722-UNJ Document 36 Filed 07/14/20 Page 2 of 5 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 $63,518.95 (representing $60,000.00 for actual and projected pain and suffering, with projected pain and suffering reduced to net present value, and $3,518.95 for past unreimbursable expenses) 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-01722-UNJ Document 36 Filed 07/14/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) AMY HANSEN, ) ) Petitioner, ) ) No. 18-1722V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 6, 2018, Amy Hansen (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), resulting from adverse effects of an influenza (“flu”) vaccine she received on November 1, 2016. Petition at 1, 4-5. On January 15, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and on January 15, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 20; ECF No. 21. I. Items of Compensation A. Pain and Suffering Respondent proffers that Amy Hansen should be awarded $60,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and Case 1:18-vv-01722-UNJ Document 36 Filed 07/14/20 Page 4 of 5 suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents Amy Hansen’s expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $3,518.95, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to Amy Hansen should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $63,518.95, representing compensation for pain and suffering ($60,000.00), and past unreimbursable expenses ($3,518.95), in the form of a check payable to petitioner, Amy Hansen. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Amy Hansen: $63,518.95 Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division 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. 2 Case 1:18-vv-01722-UNJ Document 36 Filed 07/14/20 Page 5 of 5 CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division /s/ Ida Nassar IDA NASSAR 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) 616-4186 DATED: June 11, 2020 3