VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00337 Package ID: USCOURTS-cofc-1_19-vv-00337 Petitioner: Isaac Friedman Filed: 2019-03-05 Decided: 2020-11-05 Vaccine: influenza Vaccination date: 2018-02-25 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 46299 AI-assisted case summary: Isaac Friedman filed a petition for compensation under the National Vaccine Injury Compensation Program on March 5, 2019, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on February 25, 2018. The respondent filed a Rule 4(c) report conceding that Mr. Friedman was entitled to compensation, concluding that he suffered a Table SIRVA and that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 5, 2020. Subsequently, on November 5, 2020, a decision awarding damages was issued. The parties stipulated to an award of $46,299.00, which included $45,000.00 for pain and suffering and $1,299.00 for past unreimbursed expenses. This amount was awarded as a lump sum payment to Mr. Friedman. Bruce William Slane represented the petitioner, and Lara Ann Englund represented the respondent. Theory of causation field: Petitioner Isaac Friedman alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on February 25, 2018. The respondent conceded entitlement, agreeing that Petitioner suffered a Table SIRVA and met the six-month sequela requirement. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 5, 2020, and a decision awarding damages on November 5, 2020. The award was a stipulated $46,299.00, comprising $45,000.00 for pain and suffering and $1,299.00 for past unreimbursed expenses, paid as a lump sum. Petitioner was represented by Bruce William Slane, and respondent by Lara Ann Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00337-0 Date issued/filed: 2020-11-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/05/2020) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00337-UNJ Document 44 Filed 11/04/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-337V UNPUBLISHED ISAAC FRIEDMAN, Chief Special Master Corcoran Petitioner, Filed: October 5, 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) Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On March 5, 2019, Isaac Friedman 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 Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on February 25, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 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 concludes that “[P]etitioner suffered a Table SIRVA as 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-00337-UNJ Document 44 Filed 11/04/20 Page 2 of 2 defined by 42 C.F.R. § 100.3(c)(10).” Id. at 3. Respondent further agrees that the statutory six-month sequela requirement has been satisfied. 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-00337-1 Date issued/filed: 2020-11-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/05/2020) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00337-UNJ Document 45 Filed 11/05/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-337V UNPUBLISHED ISAAC FRIEDMAN, Chief Special Master Corcoran Petitioner, Filed: October 5, 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) Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On March 5, 2019, Isaac Friedman 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 Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on February 25, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 5, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for his SIRVA. On October 5, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $46,299.00. Proffer at 1. 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-00337-UNJ Document 45 Filed 11/05/20 Page 2 of 2 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 $46,299.00 (representing compensation in the amount of $45,000.00 in pain and suffering and $1,299.00 in past, unreimbursed 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