VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00232 Package ID: USCOURTS-cofc-1_19-vv-00232 Petitioner: Vera Leftridge Filed: 2019-02-11 Decided: 2020-05-04 Vaccine: influenza Vaccination date: 2017-12-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 103875 AI-assisted case summary: Vera Leftridge filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on December 2, 2017. The respondent conceded that her injury was consistent with SIRVA and met the requirements of a Table injury claim. The respondent did not identify any other causes for her injury, and records showed she suffered the sequelae for more than six months. Based on the respondent's concession and the evidence of record, the court found Vera Leftridge entitled to compensation. Subsequently, the parties reached a proffer agreement for the award of compensation. The court awarded Vera Leftridge a lump sum payment of $103,875.14, representing compensation for all damages, including $100,000.00 for pain and suffering and $3,875.14 for unreimbursed expenses. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00232-0 Date issued/filed: 2020-04-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/16/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00232-UNJ Document 34 Filed 04/16/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-232V UNPUBLISHED VERA LEFTRIDGE, Chief Special Master Corcoran Petitioner, Filed: March 16, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On February 11, 2019, Vera Leftridge 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”) vaccine administered on December 2, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 10, 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 “petitioner’s alleged injury is consistent 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-00232-UNJ Document 34 Filed 04/16/20 Page 2 of 2 with SIRVA of the right arm and that it meets the requirements of a Table injury claim for SIRVA stemming from the flu vaccination on December 2, 2017.” Id. at 4. Respondent further “did not identify any other causes for petitioner’s injury, and records show that she suffered the sequela of this injury 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-00232-1 Date issued/filed: 2020-05-04 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 04/03/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00232-UNJ Document 35 Filed 05/04/20 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-232V UNPUBLISHED VERA LEFTRIDGE, Chief Special Master Corcoran Petitioner, Filed: April 3, 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) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On February 11, 2019, Vera Leftridge 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”) vaccine administered on December 2, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 16, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On April 2, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $103,875.14. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the 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-00232-UNJ Document 35 Filed 05/04/20 Page 2 of 4 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 $103,875.14 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-00232-UNJ Document 35 Filed 05/04/20 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) VERA LEFTRIDGE, ) No. 19-232V ECF ) Petitioner, ) ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION I. Procedural History On February 11, 2019, Vera Leftridge (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on December 2, 2017, she suffered from a right shoulder injury related to vaccine administration (“SIRVA”). See Petition. On March 10, 2020, respondent filed his Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. On March 16, 2020, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $103,875.14 ($100,000.00 for pain and suffering, and $3,875.14 for unreimbursed expenses). This amount 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-00232-UNJ Document 35 Filed 05/04/20 Page 4 of 4 III. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $103,875.14, in the form of a check 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 GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/ Zoë Wade ZOË WADE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4118 Fax: (202) 616-4310 Email: zoe.wade@usdoj.gov Dated, April 2, 2020. 1 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. 2