VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01029 Package ID: USCOURTS-cofc-1_19-vv-01029 Petitioner: Natalie Litrun Filed: 2021-02-24 Decided: 2021-09-20 Vaccine: influenza Vaccination date: 2017-09-19 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 67500 AI-assisted case summary: Natalie Litrun filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine administered on September 19, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 23, 2021, conceding that Petitioner's alleged injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 24, 2021, finding Petitioner eligible for compensation. Subsequently, on August 19, 2021, the parties filed a proffer on the award of damages. The respondent proposed an award of $67,500.00 for all damages, including pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran accepted this proffer and issued a decision on September 20, 2021, awarding Natalie Litrun a lump sum payment of $67,500.00, payable by check to Petitioner. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner Natalie Litrun alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on September 19, 2017. The Respondent conceded that the alleged injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. This concession led to a ruling on entitlement by Chief Special Master Brian H. Corcoran on February 24, 2021. A subsequent proffer on award of damages, filed by Respondent on August 19, 2021, proposed a lump sum payment of $67,500.00 for all damages, including pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision on September 20, 2021, awarding the $67,500.00 lump sum. The public text does not detail the specific mechanism of injury or name any medical experts. Petitioner was represented by Paul R. Brazil and Respondent by Jennifer L. Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01029-0 Date issued/filed: 2021-03-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/24/2021) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01029-UNJ Document 24 Filed 03/29/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1029V UNPUBLISHED NATALIE LITRUN, Chief Special Master Corcoran Petitioner, Filed: February 24, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 17, 2019, Natalie Litrun 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”) as a result of an influenza (“flu”) vaccination administered on September 19, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 23, 2021, 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 “believes that [P]etitioner’s alleged injury is consistent with a SIRVA injury, as defined on the Vaccine Injury Table. Id. at 4. Respondent further agrees 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-01029-UNJ Document 24 Filed 03/29/21 Page 2 of 2 that “[P]etitioner suffered the residual effects of her condition for more than six months.” 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-01029-1 Date issued/filed: 2021-09-20 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 08/21/2021) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01029-UNJ Document 33 Filed 09/20/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1029V UNPUBLISHED NATALIE LITRUN, Chief Special Master Corcoran Petitioner, Filed: August 21, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 17, 2019, Natalie Litrun 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”) as a result of an influenza (“flu”) vaccine administered on September 19, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 24, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 19, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00. Proffer at 2. 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-01029-UNJ Document 33 Filed 09/20/21 Page 2 of 4 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 $67,500.00 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-01029-UNJ Document 33 Filed 09/20/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS NATALIE LITRUN, Petitioner, No. 19-1029V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF DAMAGES On July 17, 2019, Natalie Litrun (“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. Petitioner alleges that she suffered a left Shoulder Injury Related to Vaccine Administration (“SIRVA”) resulting from an influenza (“flu”) vaccination administered on September 19, 2017. Petition at Preamble. Respondent conceded that petitioner’s alleged injury satisfies the criteria of the Vaccine Injury Table, and therefore conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on February 23, 2021. ECF No. 20. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to compensation on February 24, 2021. ECF No. 21. I. Item of Compensation Pain and Suffering Respondent proffers that petitioner should be awarded $67,500.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:19-vv-01029-UNJ Document 33 Filed 09/20/21 Page 4 of 4 II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $67,500.00, in the form of a check made payable to petitioner. 1 This 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, 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 LARA ENGLUND Assistant Director Torts Branch, Civil Division s/Jennifer L. Reynaud JENNIFER L. REYNAUD 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) 305-1586 Date: August 19, 2021 Jennifer.L.Reynaud@usdoj.gov 1 Should petitioner die prior to the 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 lost earnings, and future pain and suffering. 2