VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01287 Package ID: USCOURTS-cofc-1_19-vv-01287 Petitioner: Halie Lange Filed: 2021-02-22 Decided: 2021-08-27 Vaccine: influenza Vaccination date: 2018-01-29 Condition: left shoulder injuries Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Halie Lange filed a petition for compensation under the National Vaccine Injury Compensation Program on August 19, 2019, alleging that she suffered left shoulder injuries resulting from an influenza vaccination received on January 29, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 4, 2021, conceding that Ms. Lange was entitled to compensation. The respondent determined that Ms. Lange met the criteria for a Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Specifically, the respondent noted that Ms. Lange had no prior history of left shoulder pain, inflammation, or dysfunction; her pain and reduced range of motion occurred within 48 hours of the vaccination; her symptoms were localized to the shoulder where the vaccine was administered; and no other condition or abnormality explained her initial symptoms. The respondent also agreed that the scope of damages should be limited to her SIRVA and related sequelae. On February 22, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Lange entitled to compensation. Subsequently, on July 23, 2021, the respondent filed a proffer on the award of compensation, proposing an award of $85,000.00. The proffer stated that this amount represented compensation for pain and suffering and that Ms. Lange agreed with the proffered award. On August 27, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Lange a lump sum payment of $85,000.00, payable by check to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Brittany S. Cates of Faxon Law Group, and the respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms beyond occurring within 48 hours of vaccination, nor does it detail specific medical tests or treatments. The mechanism of injury is presumed to be SIRVA under the Vaccine Injury Table. Theory of causation field: Petitioner Halie Lange received an influenza vaccine on January 29, 2018. She alleged left shoulder injuries consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that Petitioner met the criteria for a SIRVA under the Vaccine Injury Table, noting no prior shoulder history, onset of symptoms within 48 hours of vaccination, localization of symptoms to the injection site, and no other identified condition explaining the symptoms. Petitioner was represented by Brittany S. Cates, and Respondent was represented by Kyle Edward Pozza. Chief Special Master Brian H. Corcoran ruled on entitlement on February 22, 2021, finding Petitioner entitled to compensation. A damages decision was issued on August 27, 2021, based on a proffer, awarding Petitioner a lump sum of $85,000.00 for pain and suffering. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01287-0 Date issued/filed: 2021-03-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01287-UNJ Document 27 Filed 03/30/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1287V UNPUBLISHED HALIE LANGE, Chief Special Master Corcoran Petitioner, Filed: February 22, 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) Brittany S. Cates, Faxon Law Group, New Haven, CT, for petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On August 19, 2019, Halie Lange 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 left shoulder injuries “resulting from adverse effects of a routine influenza vaccination she received on January 29, 2018.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 4, 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 determined that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI) 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-01287-UNJ Document 27 Filed 03/30/21 Page 2 of 2 for a Shoulder Injury Related to Vaccine Administration (“SIRVA”).” Id. at 5. Additionally, Respondent determined that “Petitioner had no history of pain, inflammation or dysfunction in her left 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 initial symptoms.” Id. at 5-6. Respondent further agrees that “[t]he scope of damages to be awarded is limited to [P]etitioner’s SIRBA and its related sequelae.” Id. at 6. 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-01287-1 Date issued/filed: 2021-08-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/26/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01287-UNJ Document 35 Filed 08/27/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1287V UNPUBLISHED HALIE LANGE, Chief Special Master Corcoran Petitioner, Filed: July 26, 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) Brittany S. Cates, Faxon Law Group, Philadelphia, PA, for petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On August 27, 2019, Halie Lange 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) resulting from adverse effects of an influenza (flu) vaccination she received on January 29, 2018. Petition at 1. Petitioner further alleges that the vaccination was administered in the United States, she experienced the residual effects of the injury for more than six months, and neither Petitioner, nor any other party, has ever filed any action for Petitioner’s vaccine-related injury. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On July 23, 2021, Respondent filed a proffer on 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-01287-UNJ Document 35 Filed 08/27/21 Page 2 of 5 award of compensation (“Proffer”) indicating Petitioner should be awarded $85,000.00. Proffer at 1. The award is comprised of $85,000.00 for pain and suffering. Id. 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 $85,000.00 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.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-01287-UNJ Document 35 Filed 08/27/21 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) HALIE LANGE, ) No. 19-1287V ) Chief Special Master Brian H. Corcoran Petitioner, ) ) v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 4, 2021, respondent filed a Vaccine Rule 4(c) report conceding that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 23. On February 22, 2021, 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”) and related sequela. ECF No. 24. I. Amount of Compensation Respondent now proffers that, based on the Chief Special Master’s entitlement ruling and the evidence of record, petitioner should be awarded $85,000.00. The award is comprised of $85,000.00 for pain and suffering. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 1 Case 1:19-vv-01287-UNJ Document 35 Filed 08/27/21 Page 4 of 5 II. Form of the Award The parties recommend that the compensation provided to petitioner should be made as described below, and request that the Chief Special Master’s damages decision and the Court’s judgment award the following: 1 A. Petitioner’s Damages Respondent recommends that the compensation provided to petitioner should be made through: a lump sum of $85,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Petitioner agrees. B. Guardianship 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 TRACI R. PATTON Assistant 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 medical expenses, future pain and suffering, and future lost wages. 2 Case 1:19-vv-01287-UNJ Document 35 Filed 08/27/21 Page 5 of 5 /s/ KYLE E. POZZA_________ Kyle E. Pozza Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3661 Fax: (202) 616-4310 Email: kyle.pozza@usdoj.gov Dated: July 23, 2021 3