VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00365 Package ID: USCOURTS-cofc-1_19-vv-00365 Petitioner: R. W-J. Filed: 2019-03-11 Decided: 2021-02-05 Vaccine: influenza Vaccination date: 2016-09-17 Condition: right SIRVA Outcome: compensated Award amount USD: 74842 AI-assisted case summary: R. W-J. filed a petition for compensation under the National Vaccine Injury Compensation Program on March 11, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a flu vaccine administered on September 17, 2016. The respondent conceded that the petitioner was entitled to compensation, agreeing that she suffered a Table injury of right SIRVA and met the statutory requirements for six months of residual effects. A ruling on entitlement was issued on April 2, 2020, finding the petitioner entitled to compensation. Subsequently, on December 7, 2020, the respondent filed a proffer on award of compensation, indicating the petitioner should be awarded $74,842.16, consisting of $72,500.00 for pain and suffering and $2,342.16 for past unreimbursed expenses. The petitioner agreed with the proffered award. The court issued a decision awarding the petitioner the lump sum of $74,842.16 on February 5, 2021. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00365-0 Date issued/filed: 2020-05-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/02/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00365-UNJ Document 42 Filed 05/14/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-365V UNPUBLISHED R. W-J., Chief Special Master Corcoran Petitioner, Originally Filed: April 2, 2020 v. Filed in Redacted Form: May 14, 2020 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On March 11, 2019, R. W-J. filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”) and subsequently filed an amended petition on December 19, 2019. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) caused by a flu vaccine administered on September 17, 2016. Amended Petition at 1. 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 agrees that Petitioner suffered a Table injury of right SIRVA. 1 When this decision was originally filed the undersigned advised his intent 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). In accordance with Vaccine Rule 18(b), petitioner filed a timely motion to redact certain information. This decision is being reissued with Petitioner’s name redacted to her initials Except for those changes and this footnote, no other substantive changes have been made. This decision will be posted on the court’s website with no further opportunity to move for redaction. 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-00365-UNJ Document 42 Filed 05/14/20 Page 2 of 2 Respondent did not identify any other causes for Petitioner’s right SIRVA, and based on the medical records outlined above, Petitioner met the statutory requirements by experiencing six months of residual effects. Id. at 4. 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-00365-1 Date issued/filed: 2021-02-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/10/2020) regarding 59 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00365-UNJ Document 63 Filed 02/05/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-365V UNPUBLISHED R. W-J., Chief Special Master Corcoran Petitioner, Filed: December 10, 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. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On March 11, 2019, R. W-J. 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”) caused by an influneza (“flu”) vaccine administered on September 17, 2016. Amended Petition filed December 19, 2019 at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 2, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On December 7, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $74,842.16 (consisting of $72,500.00 for pain and suffering and $2,342.16 for past unreimbursed expenses). 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-00365-UNJ Document 63 Filed 02/05/21 Page 2 of 2 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 $74,842.16 (consisting of $72,500.00 for pain and suffering and $2,342.16 for 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