VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01290 Package ID: USCOURTS-cofc-1_19-vv-01290 Petitioner: Aziza Adams Filed: 2021-02-09 Decided: 2021-10-21 Vaccine: influenza Vaccination date: 2016-10-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 87500 AI-assisted case summary: Aziza Adams, later known as Aziza Walker, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 6, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 8, 2021, conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner met the criteria for SIRVA as set forth in the Vaccine Injury Table and its accompanying aids to interpretation. On February 9, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner eligible for compensation. Subsequently, on September 20, 2021, the respondent filed a proffer recommending an award of $87,500.00 for pain and suffering. The petitioner agreed to this amount. On October 21, 2021, Chief Special Master Brian H. Corcoran issued a decision awarding the petitioner a lump sum payment of $87,500.00, payable by check to the petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Aziza Adams (later Walker) filed a petition on August 27, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 6, 2016. The respondent conceded entitlement on February 8, 2021, agreeing that the injury met the criteria for SIRVA as set forth in the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 9, 2021. On September 20, 2021, the respondent filed a proffer recommending an award of $87,500.00 for pain and suffering, which the petitioner agreed to. Chief Special Master Corcoran issued a decision on October 21, 2021, awarding a lump sum of $87,500.00 to the petitioner. The theory of causation was based on the Vaccine Injury Table (SIRVA). No specific medical experts were named in the public text. Petitioner was represented by Jeffrey S. Pop & Associates, and respondent was represented by the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01290-0 Date issued/filed: 2021-03-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/09/2021) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01290-UNJ Document 32 Filed 03/11/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1290V UNPUBLISHED AZIZA ADAMS, Chief Special Master Corcoran Petitioner, Filed: February 9, 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On August 27, 2019, Aziza Adams 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on October 6, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 8, 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 concludes that Petitioner has satisfied the criteria for SIRVA 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-01290-UNJ Document 32 Filed 03/11/21 Page 2 of 2 as set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). Id. at 7. 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-01290-1 Date issued/filed: 2021-10-21 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 09/21/2021) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01290-UNJ Document 48 Filed 10/21/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1290V UNPUBLISHED AZIZA WALKER, Chief Special Master Corcoran Petitioner, Filed: September 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 27, 2019, Aziza Walker2 filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that she suffered a right shoulder injury related to vaccine administration (“SIRVA”). Petition at ¶1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 9, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her right shoulder SIRVA injury. ECF No. 30. On September 20, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $87,500.00 for her pain and suffering. Proffer at 1. In 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 At the time of filing, Petitioner’s name was Aziza Adams. ECF No. 1. On August 18, 2021, the caption of the case was changed to reflect her name change to Aziza Walker. ECF No. 41. 3 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01290-UNJ Document 48 Filed 10/21/21 Page 2 of 4 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 $87,500.00 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.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 Case 1:19-vv-01290-UNJ Document 48 Filed 10/21/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS AZIZA WALKER, ) ) Petitioner, ) No. 19-1290V ) Chief Special Master v. ) Brian H. Corcoran ) SPU SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT'S PROFFER ON AWARD OF COMPENSATION On August 27, 2019, Aziza Walker1 (“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. Respondent conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on February 8, 2021. ECF No. 29. Based on Respondent’s Rule 4(c) Report, on February 9, 2021, Chief Special Master Corcoran found petitioner entitled to compensation for her right shoulder SIRVA injury. ECF No. 30. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $87,500.00 for petitioner’s pain and suffering. This represents all elements of compensation to which petitioner would be 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 1 At the time that the petition was filed, petitioner’s name was Aziza Adams. ECF No. 1. On August 18, 2021, the Court granted petitioner’s motion to amend the caption of her case to reflect her name change to Aziza Walker, following the dissolution of her marriage. ECF No. 41. Case 1:19-vv-01290-UNJ Document 48 Filed 10/21/21 Page 4 of 4 through a lump sum payment of $87,500.00, in the form of a check made payable to petitioner. 2 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division s/Althea Walker Davis ALTHEA WALKER DAVIS Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-0515 Althea.Davis@usdoj.gov DATED: September 20, 2021 2 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