VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00993 Package ID: USCOURTS-cofc-1_19-vv-00993 Petitioner: Gretchen Corey Filed: 2019-07-11 Decided: 2021-02-01 Vaccine: influenza Vaccination date: 2018-11-02 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 47880 AI-assisted case summary: Gretchen Corey 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) as a result of an influenza vaccine she received on November 2, 2018. The respondent conceded that Petitioner is entitled to compensation, agreeing that she suffered a Table SIRVA and that no other causes were identified. The respondent also agreed that the statutory six-month sequela requirement was satisfied and that Petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on November 13, 2020, finding Petitioner entitled to compensation. Subsequently, on November 30, 2020, the respondent filed a proffer on the award of compensation. The parties agreed to an award of $47,880.00, which included $47,500.00 for pain and suffering and $380.00 for past unreimbursable medical expenses. This amount represents all elements of compensation to which Petitioner is entitled. The court awarded Gretchen Corey a lump sum payment of $47,880.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00993-0 Date issued/filed: 2020-12-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/13/2020) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00993-UNJ Document 39 Filed 12/15/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0993V UNPUBLISHED GRETCHEN COREY, Chief Special Master Corcoran Petitioner, Filed: November 13, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On July 11, 2019, Gretchen Corey 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”) as a result of an influenza vaccine received on November 2, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 12, 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 SIRVA . . . . No other causes for petitioner’s SIRVA were identified.” Id. at 3. Respondent further 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-00993-UNJ Document 39 Filed 12/15/20 Page 2 of 2 agrees that “the statutory six month sequela requirement has been satisfied . . . . [and] petitioner has satisfied all legal prerequisites for compensation under the Act.” 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-00993-1 Date issued/filed: 2021-02-01 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/30/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00993-UNJ Document 40 Filed 02/01/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0993V UNPUBLISHED GRETCHEN COREY, Chief Special Master Corcoran Petitioner, Filed: November 30, 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. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On July 11, 2019, Gretchen Corey 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”) as a result of an influenza vaccine received on November 2, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 13, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On November 30, 2020, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $47,880.00 (comprised of $47,500.00 for pain and suffering and $380.00 for past unreimbursable medical expenses). Proffer at 1. 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-00993-UNJ Document 40 Filed 02/01/21 Page 2 of 4 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 $47,880.00 (comprised of $47,500.00 for pain and suffering and $380.00 for past unreimbursable medical 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 Case 1:19-vv-00993-UNJ Document 40 Filed 02/01/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GRETCHEN COREY, ) ) Petitioner, ) ) v. ) No. 19-993V ) Chief Special Master Brian Corcoran SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 12, 2020, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the Table timeframe following an influenza vaccination, which was compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34. Accordingly, on November 13, 2020, the Chief Special Master issued a Ruling on Entitlement. I. Items of Compensation Respondent proffers that petitioner should be awarded $47,500.00 for pain and suffering, and $380.00 for past, unreimburseable medical expenses. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $47,880.00 in the form of a check payable to petitioner.1 This 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 medical expenses, future pain and suffering, and future lost wages. Case 1:19-vv-00993-UNJ Document 40 Filed 02/01/21 Page 4 of 4 lump sum payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted, JEFFREY BOSSERT CLARK Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ LARA A. ENGLUND LARA A. ENGLUND Senior 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) 307-3013 E-mail: lara.a.englund@usdoj.gov Dated: November 30, 2020 2