VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01174 Package ID: USCOURTS-cofc-1_19-vv-01174 Petitioner: Sindy Caridi Filed: 2019-08-12 Decided: 2021-07-16 Vaccine: influenza Vaccination date: 2017-10-24 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 63932 AI-assisted case summary: Sindy Caridi filed a petition for compensation under the National Vaccine Injury Compensation Program on August 12, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 24, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 26, 2021, conceding that Ms. Caridi satisfied the criteria for a SIRVA Table injury and was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 26, 2021, finding Ms. Caridi entitled to compensation. Subsequently, on June 11, 2021, the respondent filed a Proffer on Award of Compensation, stipulating to an award of $63,932.33. This amount included $62,500.00 for pain and suffering and $1,432.33 for past unreimbursable expenses. Ms. Caridi, a competent adult, agreed with the proffered award. On July 16, 2021, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages, awarding Ms. Caridi a lump sum payment of $63,932.33, payable by check to Petitioner. The decision noted that this amount represented compensation for all damages available under § 15(a) of the Vaccine Act. Petitioner was represented by Bruce William Slane of the Law Office of Bruce W. Slane, P.C., and respondent was represented by Ida Nassar of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Sindy Caridi filed a petition on August 12, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 24, 2017. The respondent conceded that Petitioner met the criteria for a SIRVA Table injury. A Ruling on Entitlement was issued on February 26, 2021, finding Petitioner entitled to compensation. A Decision Awarding Damages was issued on July 16, 2021, based on a stipulation between the parties. The award totaled $63,932.33, consisting of $62,500.00 for pain and suffering and $1,432.33 for past unreimbursable expenses. The case was handled by Chief Special Master Brian H. Corcoran, with Petitioner represented by Bruce William Slane and Respondent represented by Ida Nassar. The theory of causation is based on the Vaccine Injury Table for SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01174-0 Date issued/filed: 2021-03-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/26/2021) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01174-UNJ Document 39 Filed 03/30/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1174V UNPUBLISHED SINDY CARIDI, Chief Special Master Corcoran Petitioner, Filed: February 26, 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) Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On August 12, 2019, Sindy Caridi 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 vaccine administered on October 24, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 26, 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 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-01174-UNJ Document 39 Filed 03/30/21 Page 2 of 2 1. Specifically, Respondent agrees that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualification and Aids to Interpretation for a SIRVA. 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-01174-1 Date issued/filed: 2021-07-16 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/16/2021) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01174-UNJ Document 48 Filed 07/16/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1174V UNPUBLISHED SINDY CARIDI, Chief Special Master Corcoran Petitioner, Filed: June 16, 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) Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On August 12, 2019, Sindy Caridi 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”) following an influenza vaccination administered on October 24, 2017. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States; that she has suffered the residual effects of her injury have lasted for more than six months; and that no party has ever filed any action or received compensation for Petitioner’s vaccine-related injuries.. Petition at 1, 6. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01174-UNJ Document 48 Filed 07/16/21 Page 2 of 5 On February 26, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On June 11, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $63,932.33 (comprised of $62,500.00 for pain and suffering and $1,432.33 for past unreimbursable expenses). Proffer at 1-2. In the Proffer, 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 attached Proffer, I award Petitioner a lump sum payment of $63,932.33 (comprised of $62,500.00 for pain and suffering and $1,432.33 for past unreimbursable 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-01174-UNJ Document 48 Filed 07/16/21 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SINDY CARIDI, ) ) Petitioner, ) ) No. 19-1174V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 12, 2019, Sindy Caridi (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine she received on October 24, 2017. Petition at 1. On February 26, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on that same date, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 33-34. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:19-vv-01174-UNJ Document 48 Filed 07/16/21 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,432.33. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. 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 Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $63,932.33, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Sindy Caridi: $63,932.33 Respectfully submitted, BRIAN M. BOYNTON Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division HEATHER L. PEARLMAN Acting Deputy Director Torts Branch, Civil Division 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 lost earnings and future pain and suffering. 2 Case 1:19-vv-01174-UNJ Document 48 Filed 07/16/21 Page 5 of 5 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Ida Nassar IDA NASSAR 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) 616-4186 DATED: June 11, 2021 3