VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00951 Package ID: USCOURTS-cofc-1_19-vv-00951 Petitioner: Craig Siefker Filed: 2019-07-01 Decided: 2021-09-20 Vaccine: influenza Vaccination date: 2017-11-08 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25200 AI-assisted case summary: Craig Siefker filed a petition for compensation on July 1, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on November 8, 2017. The case was assigned to the Special Processing Unit. On May 14, 2021, Respondent conceded that Petitioner was entitled to compensation, stating that he satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. A ruling on entitlement was issued on May 14, 2021, finding Petitioner entitled to compensation. On August 18, 2021, Respondent filed a proffer on award of compensation, recommending an award of $25,200.00, comprising $25,000.00 for pain and suffering and $200.00 for out-of-pocket expenses. Petitioner agreed with the proffered award. Chief Special Master Brian H. Corcoran issued a decision on August 19, 2021, awarding Petitioner a lump sum payment of $25,200.00. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Lynn Christina Schlie of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The specific details of the SIRVA are not described in the provided public text. Theory of causation field: Petitioner Craig Siefker alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on November 8, 2017. Respondent conceded entitlement, stating Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 14, 2021, finding Petitioner entitled to compensation. Subsequently, on August 19, 2021, Chief Special Master Corcoran issued a decision awarding Petitioner a lump sum of $25,200.00, consisting of $25,000.00 for pain and suffering and $200.00 for out-of-pocket expenses, based on a proffer agreed to by both parties. Petitioner was represented by Maximillian J. Muller, and Respondent was represented by Lynn Christina Schlie. The specific medical experts, mechanism of injury, or detailed clinical facts supporting the SIRVA were not described in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00951-0 Date issued/filed: 2021-06-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/14/2021) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00951-UNJ Document 35 Filed 06/14/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0951V UNPUBLISHED CRAIG SIEFKER, Chief Special Master Corcoran Petitioner, Filed: May 14, 2021 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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 1, 2019, Craig Siefker 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 to him on November 8, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 14, 2021, Respondent filed his Amended 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 states that “[P]etitioner has satisfied the criteria set 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-00951-UNJ Document 35 Filed 06/14/21 Page 2 of 2 forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” 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-00951-1 Date issued/filed: 2021-09-20 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 08/19/2021) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00951-UNJ Document 43 Filed 09/20/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0951V UNPUBLISHED CRAIG SIEFKER, Chief Special Master Corcoran Petitioner, Filed: August 19, 2021 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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 1, 2019, Craig Siefker 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) vaccination on November 8, 2017. Petition at ¶¶ 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 14, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 18, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $25,200.00, representing compensation in the amount of $25,000.00 for his pain and suffering and $200.00 for his out-of-pocket expenses. Proffer at 1. In the Proffer, Respondent 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00951-UNJ Document 43 Filed 09/20/21 Page 2 of 4 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 $25,200.00, representing compensation in the amounts of $25,000.00 for his pain and suffering and $200.00 for his actual expenses in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 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-00951-UNJ Document 43 Filed 09/20/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) CRAIG SIEFKER, ) ) Petitioner, ) No. 19-951V v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On May 14, 2021, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 30. Thereafter, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No. 31. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $25,200.00. The award is comprised of the following: $25,000.00 for pain and suffering, and $200.00 for out of pocket expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $25,200.00, 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. Case 1:19-vv-00951-UNJ Document 43 Filed 09/20/21 Page 4 of 4 Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ LYNN C. SCHLIE Lynn C. Schlie Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3667 Fax: (202) 616-4310 Dated: August 18, 2021