VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00433 Package ID: USCOURTS-cofc-1_19-vv-00433 Petitioner: Katie M. Miller Filed: 2019-03-22 Decided: 2021-03-19 Vaccine: Tdap Vaccination date: 2016-04-25 Condition: brachial neuritis Outcome: compensated Award amount USD: 78056 AI-assisted case summary: Katie Miller filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA), or in the alternative, a left brachial plexitis, as a result of a Tdap vaccination administered on April 25, 2016. The respondent conceded that Ms. Miller was entitled to compensation for a Table injury consistent with brachial neuritis, with onset occurring within two to twenty-eight days following her vaccination. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Ms. Miller suffered residual effects for more than six months. Based on the concession and the evidence, the court found Ms. Miller entitled to compensation. Subsequently, the parties agreed to a proffer of award. The court awarded Ms. Miller a total of $78,056.91, consisting of $75,000.00 for pain and suffering and $3,056.91 for unreimbursed out-of-pocket medical expenses. This award represents all elements of compensation to which Ms. Miller would be entitled under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00433-0 Date issued/filed: 2021-02-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/21/2020) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00433-UNJ Document 39 Filed 02/01/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0433V UNPUBLISHED KATIE M. MILLER, Chief Special Master Corcoran Petitioner, Filed: November 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Brachial Neuritis David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On March 22, 2019, Katie Miller 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 that she suffered a left Shoulder Injury Related to Vaccine Administration, or in the alternative, a “left brachial plexitis,” as a result of a Tdap vaccination administered on April 25, 2016. Petition at Introduction. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 20, 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. In the report, Respondent “concluded that petitioner suffered a Table injury 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-00433-UNJ Document 39 Filed 02/01/21 Page 2 of 2 under the Vaccine Act” consistent with brachial neuritis, the onset of which occurred within two to twenty-eight days following her April 25, 2016 Tdap vaccination.3 Id. at 7-8. With respect to other statutory and jurisdictional issues, Respondent agrees that the records show that the case was timely filed, that the vaccine was received in the United States, and that Petitioner suffered the residual effects or complications of her injury for more than six months after vaccine administration. Id. at 8. 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 3 Respondent concludes that Petitioner has not met the Table requirements for SIRVA. ECF 35 at 8 n.7. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00433-1 Date issued/filed: 2021-03-19 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/16/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00433-UNJ Document 46 Filed 03/19/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0433V UNPUBLISHED KATIE M. MILLER, Chief Special Master Corcoran Petitioner, Filed: February 16, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Brachial Respondent. Neuritis David John Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On March 22, 2019, Katie Miller 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 left shoulder injury related to vaccine administration (SIRVA), or in the alternative, a “left brachial plexitis,” as a result of a Tdap vaccination administered on April 25, 2016. Petition at Introduction. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for brachial neuritis. ECF 36. On February 9, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $78,056.91, consisting of $75,000.00 for pain and suffering and $3,056.91 for 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-00433-UNJ Document 46 Filed 03/19/21 Page 2 of 4 unreimbursed out of pocket medical expenses. Proffer at 1-2. 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 attached Proffer, I award Petitioner a lump sum payment of $78,056.91 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-00433-UNJ Document 46 Filed 03/19/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KATIE M. MILLER, Petitioner, No. 19-433V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History and Items of Compensation On March 22, 2019, Katie Miller (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act” or “Act”), as amended, alleging that she suffered a left “Shoulder Injury Related to Vaccine Administration,”or in the alternative a “left brachial plexitis,” as the result of a Tetanus-Diphtheria-acellular-pertussis (“Tdap”), vaccination administered on April 25, 2016. See Petition at Introduction. On November 20, 2020, respondent filed his Vaccine Rule 4(c) report, and conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act for a Table injury for brachial neuritis following Tdap vaccination. ECF No. 35. Thereafter, on November 21, 2020, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her brachial neuritis following Tdap vaccination. ECF No 36. Based on the evidence of record, respondent proffers that petitioner should be awarded $78,056.91, which is comprised of damages for pain and suffering in the amount of $75,000.00, and damages for unreimbursed out-of-pocket medical expenses in Case 1:19-vv-00433-UNJ Document 46 Filed 03/19/21 Page 4 of 4 the amount of $3,056.91. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $78,056.91, in the form of a check payable to petitioner. Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division s/ Mallori B. Openchowski MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-0660 DATED: February 9, 2021 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.