VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01337 Package ID: USCOURTS-cofc-1_19-vv-01337 Petitioner: Ella Griffin Filed: 2021-07-15 Decided: 2021-08-18 Vaccine: Pneumococcal Conjugate Vaccine Vaccination date: 2018-06-22 Condition: right shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 76695 AI-assisted case summary: Ella Griffin filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered right shoulder injuries related to vaccine administration (SIRVA) as a result of a Prevnar 13 vaccine received on June 22, 2018. The respondent conceded that Griffin had no prior history of shoulder issues, that her pain and reduced range of motion occurred within 48 hours of the vaccination and were limited to the injection site, and that no other condition explained her symptoms. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Griffin met the statutory severity requirement. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the parties stipulated to an award of $76,695.41, which included $75,000.00 for pain and suffering and $1,695.41 for past unreimbursable out-of-pocket expenses. This decision awarded damages based on the proffer. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01337-0 Date issued/filed: 2021-08-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/15/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01337-UNJ Document 29 Filed 08/17/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1337V UNPUBLISHED ELLA GRIFFIN Chief Special Master Corcoran Petitioner, Filed: July 15, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Pneumococcal Conjugate Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On August 30, 2019, Ella Griffin 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 right shoulder injuries related to vaccine administration (“SIRVA”) as a result of a Prevnar 13 vaccine received on June 22, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 14, 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 agrees that “petitioner had no apparent history of pain, 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-01337-UNJ Document 29 Filed 08/17/21 Page 2 of 2 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.” Id. at 7. Respondent further agrees that the case was timely filed, 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 after vaccine administration. 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-01337-1 Date issued/filed: 2021-08-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/15/2021) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01337-UNJ Document 30 Filed 08/18/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1337V UNPUBLISHED ELLA GRIFFIN, Chief Special Master Corcoran Petitioner, Filed: July 15, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On August 30, 2019, Ella Griffin 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 right shoulder injuries related to vaccine administration (“SIRVA”) as a result of a Prevnar 13 vaccine received on June 22, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 15, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On July 14, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $76,695.41. Proffer at 7-8. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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-01337-UNJ Document 30 Filed 08/18/21 Page 2 of 2 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 $76,695.41 (comprised of $75,000.00 for pain and suffering and $1,695.41 for past unreimbursable out of pocket 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