VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01079 Package ID: USCOURTS-cofc-1_19-vv-01079 Petitioner: Angeline Fletcher Filed: 2019-07-25 Decided: 2020-11-24 Vaccine: Tdap Vaccination date: 2016-07-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Angeline Fletcher filed a petition for compensation under the National Vaccine Injury Compensation Program on July 25, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) on July 27, 2016, after receiving a Tdap vaccination. The respondent conceded that Ms. Fletcher is entitled to compensation, determining that her condition met the criteria for a Table injury, specifically SIRVA. The respondent noted that she had no prior history of shoulder issues, her symptoms occurred within 48 hours of vaccination, were limited to the vaccinated shoulder, and no other condition explained her symptoms. A ruling on entitlement was issued on October 21, 2020, finding her entitled to compensation. Subsequently, on November 24, 2020, a decision awarding damages was issued. Based on a joint report and proffer, Ms. Fletcher was awarded a lump sum payment of $80,000.00 for all damages available under the program. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01079-0 Date issued/filed: 2020-11-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/21/2020) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01079-UNJ Document 38 Filed 11/20/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1079V UNPUBLISHED ANGELINE FLETCHER, Chief Special Master Corcoran Petitioner, Filed: October 21, 2020 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Shoulder Injury Related to Vaccine Administration (SIRVA) John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On July 25, 2019, Angeline Fletcher filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that that she suffered a shoulder injury related to vaccine administration (SIRVA) on July 27, 2016 after receiving a Tdap vaccination. Amended Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 Petitioner filed an amended petition on June 18, 2020. 3 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-01079-UNJ Document 38 Filed 11/20/20 Page 2 of 2 On October 19, 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 “determined that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation (‘QAI’). That is, [P]etitioner had no relevant history of pain, inflammation, or dysfunction in her right 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.” Id. at 4-5 (citations omitted). Respondent further agrees that “[t]he scope of damages to be awarded is limited to petitioner’s SIRVA and its related sequelae only.” 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-01079-1 Date issued/filed: 2020-11-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/21/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01079-UNJ Document 39 Filed 11/24/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1079V UNPUBLISHED ANGELINE FLETCHER, Chief Special Master Corcoran Petitioner, Filed: October 21, 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) John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On July 25, 2019, Angeline Fletcher filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges she suffered a SIRVA on July 27, 2016 after receiving a Tdap vaccination. Amended Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 19, 2020, Respondent filed a joint Rule 4(c) report and proffer on award of compensation (“Proffer”). On October 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. The October 19, 2020 Proffer indicated that Petitioner should be awarded $80,000.00. Proffer at 5. In the Proffer, 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 Petitioner filed an amended petition on June 18, 2020. 3 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-01079-UNJ Document 39 Filed 11/24/20 Page 2 of 2 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 Proffer, I award Petitioner a lump sum payment of $80,000.00 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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