VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01831 Package ID: USCOURTS-cofc-1_18-vv-01831 Petitioner: Jadyn Roylance Filed: 2018-11-29 Decided: 2020-03-27 Vaccine: HPV Vaccination date: 2017-01-12 Condition: SIRVA Outcome: compensated Award amount USD: 103891 AI-assisted case summary: Jadyn Roylance filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the second Gardasil vaccine she received on January 12, 2017, caused her to suffer Shoulder Injury Related to Vaccine Administration (SIRVA). The petition was filed on November 29, 2018. Roylance alleged that she received the vaccination in the United States, that her injury had residual effects lasting more than six months, and that she continues to suffer symptoms. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 16, 2019, conceding that Roylance was entitled to compensation. The respondent specifically concluded that her alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table. Based on the respondent's concession and the evidence of record, Chief Special Master Dorsey issued a Ruling on Entitlement on August 22, 2019, finding Roylance entitled to compensation. Subsequently, on February 25, 2020, the parties filed a proffer on the award of compensation. The proffer indicated that Roylance should be awarded $103,891.57, comprising $100,000.00 for pain and suffering and $3,891.57 for past out-of-pocket medical expenses. Roylance agreed with this proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on March 27, 2020, awarding Roylance the lump sum of $103,891.57. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01831-0 Date issued/filed: 2019-10-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/22/2019) regarding 21 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01831-UNJ Document 29 Filed 10/25/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1831V Filed: August 22, 2019 UNPUBLISHED JADYN ROYLANCE, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Human Papillomavirus SECRETARY OF HEALTH AND (HPV) Vaccine; Shoulder Injury HUMAN SERVICES, Related to Vaccine Administration (SIRVA) Respondent. Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Magarita, CA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On November 29, 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 the Table Injury of SIRVA, standing for shoulder injury related to vaccine administration or a SIRVA which was caused in fact by the second Gardasil3 vaccine she received on January 12, 2017. Petition at 2, 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is 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). 3 Gardasil is the name of the Human Papillomavirus 9-valent (“HPV”) vaccine manufactured by Merck. See https://www.gardasil9.com (last visited Aug. 22, 2019). Case 1:18-vv-01831-UNJ Document 29 Filed 10/25/19 Page 2 of 2 5. Petitioner further alleges that she received the vaccination in the United States, that she suffered the residual effects of her injury for more than six months, that she continues to suffer symptoms of her injury, and that she has not received a civil award for her SIRVA. Id. at 5-6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 16, 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’s alleged injury is consistent with SIRVA, as defined on the Vaccine Injury Table.” Id. at 6. In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01831-1 Date issued/filed: 2020-03-27 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/25/2020) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01831-UNJ Document 40 Filed 03/27/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1831V UNPUBLISHED JADYN ROYLANCE, Chief Special Master Corcoran Petitioner, Filed: February 25, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Human Papillomavirus (HPV) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On November 29, 2018, Jadyn Roylance 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 the Table Injury of SIRVA, standing for shoulder injury related to vaccine administration or a SIRVA which was caused in fact by the second Gardasil3 vaccine she received on January 12, 2017. Petition at 2, 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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). 3 Gardasil is the name of the Human Papillomavirus 9-valent (“HPV”) vaccine manufactured by Merck. See https://www.gardasil9.com (last visited Aug. 22, 2019). Case 1:18-vv-01831-UNJ Document 40 Filed 03/27/20 Page 2 of 4 On August 22, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On February 25, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $103,891.57, representing compensation in the amount of $100,000.00 for her pain and suffering and in the amount of $3,891.57 for her past out-of-pocket medical 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 $103,891.57, representing compensation in the amount of $100,000.00 for her pain and suffering and in the amount of $3,891.57 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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-01831-UNJ Document 40 Filed 03/27/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JADYN ROYLANCE, ) ) Petitioner, ) No. 18-1831V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation On August 16, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on Entitlement on August 22, 2019, finding that petitioner was entitled to vaccine compensation for her left-sided shoulder injury. Based upon the evidence of record, respondent proffers that petitioner should be awarded $103,891.57. The award is comprised of the following: $100,000.00 for pain and suffering and $3,891.57 for past out of pocket medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $103,891.57, in the form of a check payable to petitioner.1 Petitioner agrees. 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. Case 1:18-vv-01831-UNJ Document 40 Filed 03/27/20 Page 4 of 4 Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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/ Traci R. Patton TRACI R. PATTON Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 353-1589 Dated: February 25, 2020 2