VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00225 Package ID: USCOURTS-cofc-1_19-vv-00225 Petitioner: Joseph Mireles Filed: 2019-02-08 Decided: 2020-06-29 Vaccine: influenza Vaccination date: 2017-10-11 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 67337 AI-assisted case summary: Joseph Mireles filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine he received on October 11, 2017, caused a right shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent conceded that Mr. Mireles satisfied the criteria for a SIRVA injury on the Vaccine Injury Table, noting he had no prior shoulder issues, his pain and reduced range of motion occurred within 48 hours of vaccination, and his symptoms were limited to the affected shoulder. Based on this concession and the evidence, entitlement to compensation was granted. Subsequently, the parties reached a stipulation for damages. Respondent proffered an award of $67,337.43, comprising $65,000.00 for pain and suffering and $2,337.43 for past unreimbursable medical expenses. Mr. Mireles, an adult, agreed with this award. The Chief Special Master issued a decision awarding the stipulated lump sum payment to Mr. Mireles. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00225-0 Date issued/filed: 2020-05-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/01/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00225-UNJ Document 22 Filed 05/01/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0225V UNPUBLISHED JOSEPH MIRELES, Chief Special Master Corcoran Petitioner, Filed: April 1, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 8, 2019, Joseph Mireles 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 as a result of an influenza (“flu”) vaccine received on October 11, 2017, he suffered a right shoulder injury related to vaccine administration (“SIRVA”). Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 1, 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 states “that petitioner has satisfied the criteria set forth in the 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-00225-UNJ Document 22 Filed 05/01/20 Page 2 of 2 Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA injury: petitioner had no history of pain, inflammation, or dysfunction in his left shoulder; his pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; his symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain his symptoms.” Id. at 5-6. 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-00225-1 Date issued/filed: 2020-06-29 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/21/2020) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00225-UNJ Document 32 Filed 06/29/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0225V UNPUBLISHED JOSEPH MIRELES, Chief Special Master Corcoran Petitioner, Filed: May 21, 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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On February 8, 2019, Joseph Mireles 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 he suffered a right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on October 11, 2017. Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 1, 2020, a ruling on entitlement was issued finding Petitioner entitled to compensation for SIRVA. On May 21, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $67,337.43 (representing $65,000.00 for pain and suffering and $2,337.43 for past unreimbursable out-of-pocket medical 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-00225-UNJ Document 32 Filed 06/29/20 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 $67,337.43 (representing $65,000.00 for pain and suffering and $2,337.43 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 1:19-vv-00225-UNJ Document 32 Filed 06/29/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JOSEPH MIRELES, ) ) Petitioner, ) No. 19-225V ) Chief Special Master v. ) Brian H. Corcoran ) SPU SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT'S PROFFER ON AWARD OF COMPENSATION On February 8, 2019, Joseph Mireles (“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 April 1, 2020. Based on Respondent’s Rule 4(c) Report, on April 1, 2020, the Chief Special Master found petitioner entitled to compensation for his right shoulder SIRVA injury. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $67,337.43. The award is comprised of $65,000.00 for pain and suffering and $2,337.43 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. Case 1:19-vv-00225-UNJ Document 32 Filed 06/29/20 Page 4 of 4 II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $67,337.43, 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 ALEXIS B. BABCOCK 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 20, 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.