VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01787 Package ID: USCOURTS-cofc-1_18-vv-01787 Petitioner: Lisa V. Adams Filed: 2019-10-25 Decided: 2020-04-14 Vaccine: influenza Vaccination date: 2017-10-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45040 AI-assisted case summary: Lisa V. Adams filed a petition for compensation under the National Vaccine Injury Compensation Program on November 20, 2018. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received in her left deltoid on October 16, 2017. Ms. Adams further alleged that her injury met the Table definition for SIRVA, that she suffered residual effects for more than six months, and that she continues to suffer these effects. She also stated that neither she nor any other party had received compensation for her vaccine-caused injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 24, 2019, conceding that Ms. Adams was entitled to compensation. The respondent specifically agreed that the petitioner suffered a Table injury of left SIRVA and had satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 25, 2019, finding Ms. Adams entitled to compensation. Subsequently, on March 11, 2020, the respondent filed a proffer on the award of damages. The proffer indicated that Ms. Adams should be awarded $45,040.67, comprising $45,000.00 for pain and suffering and $40.67 for past unreimbursable expenses. The proffer stated that Ms. Adams agreed with this proposed award. Chief Special Master Corcoran issued a Decision Awarding Damages on April 14, 2020, awarding Ms. Adams a lump sum payment of $45,040.67, payable by check to Ms. Adams. This amount represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the medical expert witnesses involved in this case. Theory of causation field: Petitioner Lisa V. Adams alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 16, 2017, which she claimed met the Table definition. The respondent conceded entitlement, agreeing that petitioner suffered a Table injury of left SIRVA and satisfied all legal prerequisites. The case proceeded to an award based on a stipulation. The award was $45,040.67, consisting of $45,000.00 for pain and suffering and $40.67 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on October 25, 2019, and the Decision Awarding Damages on April 14, 2020. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Voris Edward Johnson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01787-0 Date issued/filed: 2019-12-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/25/2019) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01787-UNJ Document 21 Filed 12/23/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1787V Filed: October 25, 2019 UNPUBLISHED LISA V. ADAMS, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Corcoran, Chief Special Master: On November 20, 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 she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from the influenza vaccination she received in her left deltoid on October 16, 2017. Petition at 1, ¶ 1. Petitioner further alleges that her injury meets the Table definition for SIRVA, that she suffered the residual effects of her injury for more than six months, that she continues to suffer these effects, and that neither she 1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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). 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-01787-UNJ Document 21 Filed 12/23/19 Page 2 of 2 nor any other party has received compensation for her injury alleged as vaccine caused. Id. at ¶¶ 4-6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 24, 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 suffered a Table injury of left SIRVA.” Id. at 4. Respondent further agrees that “based on the record as it now stands, compensation is appropriate, as petitioner 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-01787-1 Date issued/filed: 2020-04-14 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/11/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01787-UNJ Document 31 Filed 04/14/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1787V UNPUBLISHED LISA V. ADAMS, Chief Special Master Corcoran Petitioner, Filed: March 11, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On November 20, 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from the influenza vaccination she received in her left deltoid on October 16, 2017. Petition at 1, ¶ 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 25, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On March 11, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,040.67, representing compensation in the amounts of $45,000.00 for Petitioner’s 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-01787-UNJ Document 31 Filed 04/14/20 Page 2 of 4 pain and suffering and $40.67 for Petitioner’s past unreimbursable expenses. Proffer at 1. 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 attached Proffer, I award Petitioner a lump sum payment of $45,040.67, representing compensation in the amounts of $45,000.00 for her pain and suffering and $40.67 for her actual 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-01787-UNJ Document 31 Filed 04/14/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) LISA V. ADAMS, ) ) Petitioner, ) ) No. 18-1787V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF DAMAGES On October 24, 2019, respondent, the Secretary of Health and Human Services, filed his Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury Related to Vaccine Administration following an influenza vaccination. The following day, the Court entered its Ruling on Entitlement, finding petitioner Lisa V. Adams entitled to Vaccine Act compensation. Respondent now proffers that petitioner receive a compensation award consisting of a lump sum of $45,040.67 in the form of a check payable to petitioner, Lisa V. Adams.1 This amount consists of $45,000.00 for pain and suffering and $40.67 for past unreimbursed expenses, and represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.2 Petitioner agrees with the proffered award of $45,040.67.3 1 Petitioner is a competent adult. No guardianship is required. 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. 3 This proffer does not include any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e). Case 1:18-vv-01787-UNJ Document 31 Filed 04/14/20 Page 4 of 4 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 HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division s/Voris E. Johnson, Jr. VORIS E. JOHNSON, JR. Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 616-4136 Dated: March 11, 2020 2