VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01888 Package ID: USCOURTS-cofc-1_18-vv-01888 Petitioner: Janice Dobbs Filed: 2019-12-10 Decided: 2020-06-15 Vaccine: influenza Vaccination date: 2017-09-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 68009 AI-assisted case summary: Janice Dobbs filed a petition for compensation on December 10, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on September 19, 2017. The respondent conceded that Ms. Dobbs was entitled to compensation, agreeing that her injury met the criteria for SIRVA on the Vaccine Injury Table. The respondent noted that she had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, and her symptoms were limited to the vaccinated shoulder. A ruling on entitlement was issued on February 3, 2020, finding her eligible for compensation. Subsequently, on May 13, 2020, the respondent filed a proffer recommending an award of $68,009.53, which included $67,500.00 for pain and suffering and $509.53 for past unreimbursable medical expenses. Ms. Dobbs, identified as a competent adult, agreed with this proffered award. On June 15, 2020, the court issued a decision awarding Ms. Dobbs the stipulated amount of $68,009.53. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01888-0 Date issued/filed: 2020-03-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/03/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01888-UNJ Document 27 Filed 03/04/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1888V UNPUBLISHED JANICE DOBBS, Chief Special Master Corcoran Petitioner, Filed: February 3, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On December 10, 2018, Janice Dobbs 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 the result of an influenza (“flu”) vaccination she received on September 19, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 31, 2020, 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-01888-UNJ Document 27 Filed 03/04/20 Page 2 of 2 4(c) Report at 1. Specifically, Respondent states that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI) for a SIRVA injury.” Id. at 4. Respondent further agrees that “[P]etitioner had no history of pain, inflammation, or dysfunction in her left 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 his [sic] 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-01888-1 Date issued/filed: 2020-06-15 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/13/2020) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01888-UNJ Document 36 Filed 06/15/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1888V UNPUBLISHED JANICE DOBBS, Chief Special Master Corcoran Petitioner, Filed: May 13, 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. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On December 10, 2018, Janice Dobbs 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 she received on September 19, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 3, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On May 13, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $68,009.53, comprised of $67,500.00 for pain and suffering and $509.53 for past unreimbursable 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-01888-UNJ Document 36 Filed 06/15/20 Page 2 of 4 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 $68,009.53 (comprised of $67,500.00 for pain and suffering, and $509.53 for past unreimbursable out-of-pocket medical 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-01888-UNJ Document 36 Filed 06/15/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JANICE DOBBS, ) ) Petitioner, ) No. 18-1888V ) Chief Special Master v. ) Brian H. Corcoran ) SPU SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT'S PROFFER ON AWARD OF COMPENSATION On December 10, 2018, Janice Dobbs (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on January 31, 2020. Based on Respondent’s Rule 4(c) Report, on February 3, 2020, Chief Special Master Corcoran found petitioner entitled to compensation for her left shoulder SIRVA injury. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $68,009.53. The award is comprised of $67,500.00 for pain and suffering, and $509.53 for past unreimbursable out-of-pocket medical expenses. This 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 Respondent recommends that the compensation provided to petitioner should be made Case 1:18-vv-01888-UNJ Document 36 Filed 06/15/20 Page 4 of 4 through a lump sum payment of $68,009.53, in the form of a check made payable to petitioner. 1 Petitioner agrees. 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 HEATHER L. PEARLMAN Assistant Director Torts Branch, Civil Division s/Althea Walker Davis ALTHEA WALKER DAVIS Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-0515 DATED: May 13, 2020 1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering.