VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00237 Package ID: USCOURTS-cofc-1_19-vv-00237 Petitioner: Bonnie Dorr Filed: 2019-02-12 Decided: 2020-09-25 Vaccine: influenza Vaccination date: 2017-10-14 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 63990 AI-assisted case summary: Bonnie Dorr filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 14, 2017. The case was assigned to the Special Processing Unit. On March 23, 2020, Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA of the left arm, met the requirements of a Table injury claim, and that no other causes were identified. On March 24, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On August 26, 2020, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $63,990.00, which included $62,500.00 for pain and suffering and $1,490.00 for past unreimbursed expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $63,990.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00237-0 Date issued/filed: 2020-04-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/24/2020) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- CCaassee 11::1199--vvvv--0000223377--UUNNJJ DDooccuummeenntt 1281 FFiilleedd 0034//2244//2200 PPaaggee 11 ooff 22 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-237V UNPUBLISHED BONNIE DORR, Chief Special Master Corcoran Petitioner, Filed: March 24, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On February 12, 2019, Bonnie Dorr 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 to her on October 14, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 23, 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 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). CCaassee 11::1199--vvvv--0000223377--UUNNJJ DDooccuummeenntt 1281 FFiilleedd 0034//2244//2200 PPaaggee 22 ooff 22 at 1. Specifically, Respondent concludes that “petitioner’s alleged injury is consistent with SIRVA of the left arm and that it meets the requirements of a Table injury claim for SIRVA stemming from the flu vaccination on October 14, 2017.” Id. at 4. Respondent further agrees that he “did not identify any other causes for petitioner’s left arm injury, and records show that she suffered the sequela of this injury for more than six months.” 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-00237-1 Date issued/filed: 2020-09-25 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/26/2020) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00237-UNJ Document 27 Filed 09/25/20 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-237V UNPUBLISHED BONNIE DORR, Chief Special Master Corcoran Petitioner, Filed: August 26, 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. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On February 12, 2019, Bonnie Dorr 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 to her on October 14, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 24, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On August 26, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $63,990.00. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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-00237-UNJ Document 27 Filed 09/25/20 Page 2 of 5 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 $63,990.00 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-00237-UNJ Document 27 Filed 09/25/20 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) BONNIE DORR, ) ) Petitioner, ) No. 19-237V ECF ) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 12, 2019, Bonnie Dorr (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine she received on October 14, 2017. Petition at 1. On March 23, 2020, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on March 24, 2020, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 17; ECF No. 18. I. Items of Compensation Respondent proffers that based on the evidence of record, petitioner should be awarded $63,990.00 (consisting of $62,500.00 in pain and suffering, and $1,490.00 in past unreimbursed expenses). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a)(1) and 15(a)(4). Petitioner agrees. Case 1:19-vv-00237-UNJ Document 27 Filed 09/25/20 Page 4 of 5 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $63,990.00, in the form of a check payable to petitioner. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Summary of Recommended Payments Following Judgment A. Lump Sum paid to petitioner, Bonnie Dorr: $63,990.00. Respectfully submitted, ETHAN P. DAVIS Acting 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 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 lost earnings and future pain and suffering. 2 Case 1:19-vv-00237-UNJ Document 27 Filed 09/25/20 Page 5 of 5 /s/ Linda S. Renzi LINDA S. RENZI 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) 616-4133 DATED: August 26, 2020 3