VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01867 Package ID: USCOURTS-cofc-1_18-vv-01867 Petitioner: Amy Jordan Filed: 2018-12-06 Decided: 2020-05-06 Vaccine: influenza Vaccination date: 2017-12-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 117174 AI-assisted case summary: Amy Jordan filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination administered on December 13, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Jordan suffered a Table SIRVA injury and that she experienced residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 23, 2019, finding Ms. Jordan entitled to compensation. Subsequently, on April 1, 2020, the respondent filed a proffer on award of compensation. The proffer proposed an award of $117,174.66, consisting of $110,000.00 for pain and suffering and $7,174.66 for past unreimbursed expenses. The petitioner agreed with the proffered award. On May 6, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding Ms. Jordan the sum of $117,174.66, payable by check to the petitioner. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Voris Edward Johnson, Jr. and Jeffrey T. Sprague. Theory of causation field: Amy Jordan filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 13, 2017. The respondent conceded that the petitioner suffered a Table SIRVA injury and experienced residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 23, 2019, finding the petitioner entitled to compensation. On April 1, 2020, the respondent proffered an award of $117,174.66, comprising $110,000.00 for pain and suffering and $7,174.66 for past unreimbursed expenses, which the petitioner accepted. Chief Special Master Corcoran issued a decision awarding this amount on May 6, 2020. The specific mechanism of injury, medical experts, or detailed clinical findings were not described in the public text. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Voris Edward Johnson, Jr. and Jeffrey T. Sprague. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01867-0 Date issued/filed: 2020-01-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/23/2019) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01867-UNJ Document 27 Filed 01/22/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1867V UNPUBLISHED AMY JORDAN, Chief Special Master Corcoran Petitioner, Filed: December 23, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On December 6, 2018, Amy Jordan 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”) as a result of an influenza (“flu”) vaccination administered on December 13, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 23, 2019, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 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-01867-UNJ Document 27 Filed 01/22/20 Page 2 of 2 4(c) Report at 1. Specifically, Respondent “has concluded that petitioner suffered a Table SIRVA injury.” Id. at 6. Respondent further agrees that Petitioner suffered the residual effects of her condition for more than six months. 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-01867-1 Date issued/filed: 2020-05-06 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 04/06/2020) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01867-UNJ Document 37 Filed 05/06/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1867V UNPUBLISHED AMY JORDAN, Chief Special Master Corcoran Petitioner, Filed: April 6, 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 December 6, 2018, Amy Jordan 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”) as a result of an influenza (“flu”) vaccination administered on December 13, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 23, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On April 1, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $117,174.66 (consisting of $110,000.00 for pain and suffering and $7,174.66 for past unreimbursed 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-01867-UNJ Document 37 Filed 05/06/20 Page 2 of 4 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 $117,174.66 (consisting of $110,000.00 for pain and suffering and $7,174.66 for past unreimbursed 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-01867-UNJ Document 37 Filed 05/06/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) AMY JORDAN, ) ) Petitioner, ) ) No. 18-1867V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF DAMAGES On December 23, 2019, respondent, the Secretary of Health and Human Services, filed his Rule 4(c) Report conceding entitlement to compensation in this matter involving a Shoulder Injury Related to Vaccine Administration. The same day, the Court entered its Ruling on Entitlement, finding petitioner Amy Jordan entitled to Vaccine Act compensation. Respondent now proffers that petitioner receive a compensation award consisting of a lump sum of $117,174.66 in the form of a check payable to petitioner, Amy Jordan.1 This amount consists of $110,000.00 for pain and suffering and $7,174.66 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 $117,174.66.3 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-01867-UNJ Document 37 Filed 05/06/20 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 ALEXIS B. BABCOCK 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: April 1, 2020 2