VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01299 Package ID: USCOURTS-cofc-1_19-vv-01299 Petitioner: Arlyn Halpern Filed: 2021-05-07 Decided: 2021-06-09 Vaccine: influenza Vaccination date: 2018-10-12 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Arlyn Halpern filed a petition for compensation on May 7, 2021, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 12, 2018. The respondent conceded that her claim met the Table criteria for SIRVA, agreeing that she had no prior shoulder issues, experienced pain within forty-eight hours of vaccination, and that her symptoms were limited to the affected shoulder. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and the injury met the statutory severity requirement of lasting more than six months. Based on the respondent's concession and the evidence, the court found Arlyn Halpern entitled to compensation. Subsequently, on June 9, 2021, a decision awarding damages was issued. The respondent had filed a proffer indicating an award of $65,000.00, which Arlyn Halpern agreed to. The court awarded her a lump sum payment of $65,000.00 for pain and suffering, representing compensation for all available damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01299-0 Date issued/filed: 2021-06-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/07/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01299-UNJ Document 29 Filed 06/08/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1299V UNPUBLISHED ARLYN HALPERN, Chief Special Master Corcoran Petitioner, Filed: May 7, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 27, 2019, Arlyn Halpern 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October 12, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 6, 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, 3. Specifically, Respondent agrees that “petitioner’s claim meets the Table criteria for 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01299-UNJ Document 29 Filed 06/08/21 Page 2 of 2 SIRVA. Specifically, petitioner had no history of pain, inflammation, or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she more likely than not suffered the onset of pain within forty-eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that would explain petitioner’s symptoms . . . . Therefore, petitioner is entitled to a presumption of vaccine causation.” Id. at 3. Respondent further agrees that “the records show that the case was timely filed, that the vaccine was received in the United States, and that petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months,” and Petitioner avers that she has not filed a civil action or received compensation in the form or an award or settlement for her vaccine-related injury. Id. at 3-4. 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-01299-1 Date issued/filed: 2021-06-09 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/07/2021) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01299-UNJ Document 30 Filed 06/09/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1299V UNPUBLISHED ARLYN HALPERN, Chief Special Master Corcoran Petitioner, Filed: May 7, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 27, 2019, Arlyn Halpern 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October 12, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 7, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On May 6, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00. Proffer at 4. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01299-UNJ Document 30 Filed 06/09/21 Page 2 of 2 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 $65,000.00 (all of which is for pain and suffering) 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