VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00075 Package ID: USCOURTS-cofc-1_19-vv-00075 Petitioner: Galia Greenberg Filed: 2019-01-15 Decided: 2020-11-16 Vaccine: influenza Vaccination date: 2016-10-25 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 62376 AI-assisted case summary: Galia Greenberg filed a petition for vaccine injury compensation on January 15, 2019, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 25, 2016. The respondent conceded that Ms. Greenberg was entitled to compensation, agreeing that she suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table. The respondent noted that Ms. Greenberg had no recent history of shoulder problems, that her pain began within 48 hours of the vaccination, and that the pain was limited to the injection site. The respondent also confirmed that no other condition explained her symptoms and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement. Subsequently, on October 15, 2020, the respondent filed a proffer on award of compensation, proposing an award of $62,376.12. This amount included $60,000.00 for past and future pain and suffering and $2,376.12 for past unreimbursable expenses. Ms. Greenberg agreed with this proffered award. The court accepted the proffer and awarded Ms. Greenberg the lump sum of $62,376.12. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00075-0 Date issued/filed: 2020-04-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/27/2020) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00075-UNJ Document 25 Filed 04/29/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0075V UNPUBLISHED GALIA GREENBERG, Chief Special Master Corcoran Petitioner, Filed: March 27, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On January 15, 2019, Galia Greenberg 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 left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza (“flu”) vaccine on October 25, 2016. Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 26, 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 “conclude[es] that Petitioner suffered a SIRVA of the left 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-00075-UNJ Document 25 Filed 04/29/20 Page 2 of 2 shoulder as defined by the Vaccine Injury Table.” Respondent further agrees that Petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder; the onset of pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder where the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s left shoulder symptoms. In addition, Petitioner suffered the residual effects of her condition for more than six months. Id. at 4-5. 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-00075-1 Date issued/filed: 2020-11-16 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/15/2020) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00075-UNJ Document 42 Filed 11/16/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0075V UNPUBLISHED GALIA GREENBERG, Chief Special Master Corcoran Petitioner, Filed: October 15, 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) Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On January 15, 2019, Galia Greenberg 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 left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on October 25, 2016. Petition at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 27, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a left SIRVA. ECF 23. On October 15, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $62,376.12, consisting of $60,000.00 in past and future pain and suffering and $2,376.12 in past unreimbursable expenses. Proffer at 1. In the Proffer, Respondent represented 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-00075-UNJ Document 42 Filed 11/16/20 Page 2 of 4 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 $62,376.12 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-00075-UNJ Document 42 Filed 11/16/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GALIA GREENBERG, Petitioner, v. No. 19-75V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 15, 2019, Galia Greenberg (“petitioner”) filed a petition for vaccine injury compensation alleging that she suffered a left shoulder injury related to vaccine administration (“SIRVA”), a Table Injury, due to an influenza (“flu”) vaccine administered on October 25, 2016. See ECF No. 1. Respondent filed his Rule 4(c) Report conceding entitlement to compensation on March 26, 2020. See ECF No. 22. The Court issued a Ruling on Entitlement on March 27, 2020. See ECF No. 23. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $62,376.12, consisting of past and future pain and suffering ($60,000.00) and past unreimbursable expenses ($2,376.12). This represents 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 entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future damages. 1 Case 1:19-vv-00075-UNJ Document 42 Filed 11/16/20 Page 4 of 4 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $62,376.12 in the form of a check payable to petitioner.2 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division s/Lisa A. Watts LISA A. WATTS Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-4099 DATED: October 15, 2020 2 Petitioner is a competent adult. Proof of guardianship is not required in this case. 2