VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00024 Package ID: USCOURTS-cofc-1_19-vv-00024 Petitioner: Jolene Snyder Filed: 2020-02-28 Decided: 2021-02-01 Vaccine: influenza Vaccination date: 2017-10-31 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 68023 AI-assisted case summary: Jolene Snyder filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 31, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 28, 2020, conceding that Ms. Snyder's injury met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 28, 2020, finding Ms. Snyder entitled to compensation. Subsequently, on November 24, 2020, the respondent filed a proffer on award of compensation. The parties agreed to a total award of $68,022.86. This amount included $67,500.00 for pain and suffering and $522.86 for past out-of-pocket medical expenses. Chief Special Master Corcoran issued a decision awarding this amount on February 1, 2021, concluding the case. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Debra A. Filteau Begley. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The theory of causation was based on the respondent's concession that the injury was consistent with SIRVA caused by the vaccine and met the Table criteria. Theory of causation field: Petitioner Jolene Snyder alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 31, 2017. The respondent conceded that the alleged injury was consistent with SIRVA caused by the vaccine and met the Table criteria for compensation. The case was filed on January 4, 2019, and a ruling on entitlement was issued on February 28, 2020, finding Petitioner entitled to compensation. A stipulation for award of compensation was filed on November 24, 2020, agreeing to a total award of $68,022.86, comprising $67,500.00 for pain and suffering and $522.86 for past out-of-pocket medical expenses. Chief Special Master Brian H. Corcoran issued the decision awarding damages on February 1, 2021. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Debra A. Filteau Begley. The specific mechanism of injury, medical experts, or detailed clinical facts were not described in the public decision, as the case was resolved by concession based on the Table criteria for SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00024-0 Date issued/filed: 2020-03-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/28/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00024-UNJ Document 26 Filed 03/30/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0024V UNPUBLISHED JOLENE SNYDER, Chief Special Master Corcoran Petitioner, Filed: February 28, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Causation-In-Fact; Influenza (Flu) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On January 4, 2019, Jolene Snyder 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, meeting the definition of a Table SIRVA (shoulder injury related to vaccine administration) after receiving the influenza vaccination on October 31, 2017. Petition at 1, ¶¶ 1, 6. Petitioner further alleges that she suffered the residual effects of her injury for more than six months and that neither she nor any other party has filed a civil action or received an award for her injury, alleged as vaccine caused. Id. at ¶¶ 6-8. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:19-vv-00024-UNJ Document 26 Filed 03/30/20 Page 2 of 2 On February 28, 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 “concludes that the alleged injury is consistent with SIRVA that was caused by the administration of petitioner’s flu vaccine on October 31, 2017.” Id. at 4. Respondent further agrees that “based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Vaccine 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_19-vv-00024-1 Date issued/filed: 2021-02-01 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/24/2020) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00024-UNJ Document 39 Filed 02/01/21 Page 1 of 4 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0024V UNPUBLISHED JOLENE SNYDER, Chief Special Master Corcoran Petitioner, Filed: November 24, 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. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On January 4, 2019, Jolene Snyder 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, meeting the definition of a Table SIRVA (shoulder injury related to vaccine administration) after receiving the influenza vaccination on October 31, 2017. Petition at 1, ¶¶ 1, 6. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 28, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On November 24, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $68,022.86, representing $67,500.00 for her pain and suffering and $522.86 for her past 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 1:19-vv-00024-UNJ Document 39 Filed 02/01/21 Page 2 of 4 out-of-pocket 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 $68,022.86, representing $67,500.00 for her pain and suffering and $522.86 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 1:19-vv-00024-UNJ Document 39 Filed 02/01/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* JOLENE SNYDER, * * Petitioner, * No. 19-24V * Chief Special Master Corcoran v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 28, 2020, respondent filed a Rule 4(c) Report, conceding that petitioner’s claim meets the Table criteria for a SIRVA injury. On that same day, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation under the Vaccine Act. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded the following, and requests that the Chief Special Master’s decision and the Court’s judgment award: 1. A lump sum payment of $67,500.00, which represents compensation for pain and suffering, see 42 U.S.C. § 300aa-15(a)(4), and 2. A payment of $522.86, which represents compensation for past out-of-pocket medical expenses, see 42 U.S.C. § 300aa-15(a)(1). These amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 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 pain and suffering. Case 1:19-vv-00024-UNJ Document 39 Filed 02/01/21 Page 4 of 4 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that petitioner be awarded a lump sum payment of $68,022.86, in the form of a check payable to petitioner. Petitioner agrees. Respectfully submitted, JEFFREY BOSSERT CLARK Acting 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/ DEBRA A. FILTEAU BEGLEY DEBRA A. FILTEAU BEGLEY Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: November 24, 2020 2