VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00305 Package ID: USCOURTS-cofc-1_19-vv-00305 Petitioner: Stacey Stephens Pollock Filed: 2019-07-22 Decided: 2020-07-22 Vaccine: influenza (flu) Vaccination date: 2016-10-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75776 AI-assisted case summary: Stacey Stephens Pollock 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 receiving an influenza (flu) vaccination on October 28, 2016. The respondent conceded that her injury was consistent with SIRVA as defined on the Vaccine Injury Table, noting that she had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, and the pain was limited to the injection site. The respondent also confirmed that no other condition could explain her shoulder pain and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Stacey Stephens Pollock entitled to compensation. A subsequent decision awarded her $75,776.64 as compensation for all damages available under the program. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00305-0 Date issued/filed: 2020-08-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/22/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00305-UNJ Document 29 Filed 08/25/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-305V UNPUBLISHED STACEY STEPHENS POLLOCK, Chief Special Master Corcoran Petitioner, Filed: July 22, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On February 26, 2019, Stacey Stephens Pollock 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 receiving the influenza (flu) vaccination on October 28, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 21, 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 concluded 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-00305-UNJ Document 29 Filed 08/25/20 Page 2 of 2 with SIRVA as defined on the Vaccine Injury Table. Id. at 4. Specifically, Respondent found that “[P]etitioner had no history of pain, inflammation or dysfunction of the affected shoulder prior to the vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain . . . . Additionally, based on the medical records outlined above, [P]etitioner suffered the residual effects of her condition for more than six months.” Id. (citations omitted). 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-00305-1 Date issued/filed: 2020-08-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/22/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- CCaassee 11::1199--vvvv--0000330055--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0078//2227//2200 PPaaggee 11 ooff 22 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-305V UNPUBLISHED STACEY STEPHENS POLLOCK, Chief Special Master Corcoran Petitioner, Filed: July 22, 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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On February 26, 2019, Stacey Stephens Pollock 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 she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving the influenza (flu) vaccination on October 28, 2016.. Petition at 1. Petitioner further alleges that she received the vaccination in the United States, she suffered the residual effects of her injury for more than six months, and no lawsuits have been filed or settlements or awards accepted by anyone due to Petitioner’s vaccine-related injury. Petition at 9. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 22, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On July 21, 2020, Respondent filed a proffer on award of 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). CCaassee 11::1199--vvvv--0000330055--UUNNJJ DDooccuummeenntt 2350 FFiilleedd 0078//2227//2200 PPaaggee 22 ooff 22 compensation (“Proffer”) indicating Petitioner should be awarded $75,776.64. Proffer at 5. 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 Proffer, I award Petitioner a lump sum payment of $75,776.64 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