VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00895 Package ID: USCOURTS-cofc-1_19-vv-00895 Petitioner: Maxfel Goodson Filed: 2019-06-19 Decided: 2020-12-15 Vaccine: influenza Vaccination date: 2018-10-04 Condition: left-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 102500 AI-assisted case summary: Maxfel Goodson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 19, 2019, alleging that she suffered a left-sided shoulder injury related to vaccine administration (SIRVA) as a result of her October 4, 2018 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a report on November 10, 2020, conceding entitlement to compensation. The respondent stated that the petitioner had no prior history of left shoulder issues, that her pain and reduced range of motion began within 48 hours of the vaccination, that her symptoms were confined to the injection site shoulder, and that no other condition explained her symptoms. The respondent concluded that the alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 12, 2020, finding Ms. Goodson entitled to compensation. Subsequently, on November 12, 2020, the parties submitted a stipulation and proffer on damages. The respondent proffered an award of $102,500.00, which the petitioner agreed to. Chief Special Master Corcoran issued a decision on December 15, 2020, awarding Ms. Goodson a lump sum payment of $102,500.00, representing compensation for all available damages. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent was represented by Traci R. Patton of the U.S. Department of Justice. Theory of causation field: Petitioner Maxfel Goodson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 4, 2018 influenza vaccination. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined on the Vaccine Injury Table. The respondent's concession was based on the petitioner having no prior history of left shoulder pain or dysfunction, experiencing pain and reduced range of motion within 48 hours of the intramuscular vaccination, symptoms being limited to the injection site shoulder, and no other condition explaining the symptoms. The case was decided by Chief Special Master Brian H. Corcoran. Petitioner was represented by Andrew Donald Downing, and respondent by Traci R. Patton. A ruling on entitlement was issued on November 12, 2020, and a damages decision on December 15, 2020. The award was a lump sum of $102,500.00. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00895-0 Date issued/filed: 2020-12-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/12/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00895-UNJ Document 44 Filed 12/14/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-895V UNPUBLISHED MAXFEL GOODSON, Chief Special Master Corcoran Petitioner, Filed: November 12, 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) Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On June 19, 2019, Maxfel Goodson 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 left-sided shoulder injury related to vaccine administration (“SIRVA”) as a result of her October 4, 2018 influenza (“flu”) vaccination. Petition at 1, 4-5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 10, 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 Conceding Entitlement to Compensation and Proffer on Damages at 1. 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-00895-UNJ Document 44 Filed 12/14/20 Page 2 of 2 Specifically, Respondent indicates that he has reviewed the petition and medical records filed in this case and has concluded that compensation is appropriate. DICP has concluded that petitioner’s alleged injury is consistent with SIRVA, as defined on the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular vaccination; her symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her symptoms. 42 C.F.R. § 100.3(a), (c)(10). Id. at 5. 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-00895-1 Date issued/filed: 2020-12-15 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/12/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00895-UNJ Document 45 Filed 12/15/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-895V UNPUBLISHED MAXFEL GOODSON, Chief Special Master Corcoran Petitioner, Filed: November 12, 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) Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On June 19, 2019, Maxfel Goodson 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-sided shoulder injury related to vaccine administration (“SIRVA”) as a result of her October 4, 2018 influenza (“flu”) vaccination. Petition at 1, 4-5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 12, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 10, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $102,500.00. Respondent’s Rule 4(c) Report Conceding Entitlement to Compensation and Proffer on Damages at 6. In the Proffer, Respondent represented that Petitioner 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-00895-UNJ Document 45 Filed 12/15/20 Page 2 of 2 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 $102,500.00 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