VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01380 Package ID: USCOURTS-cofc-1_19-vv-01380 Petitioner: Jennifer Joyce Filed: 2019-09-11 Decided: 2021-04-28 Vaccine: influenza Vaccination date: 2018-09-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85540 AI-assisted case summary: Jennifer Joyce filed a petition for compensation on September 11, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 17, 2018. The respondent filed a Rule 4(c) report conceding that Ms. Joyce was entitled to compensation, as her injury met the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. A ruling on entitlement was issued on January 22, 2021, finding her eligible for compensation. Subsequently, on March 26, 2021, the respondent filed a proffer proposing an award of $85,540.00, comprised of $85,000.00 for pain and suffering and $540.00 for unreimbursed medical expenses. The proffer indicated that Ms. Joyce, a competent adult, agreed with this award. On April 28, 2021, the court issued a decision awarding Ms. Joyce the stipulated lump sum of $85,540.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01380-0 Date issued/filed: 2021-03-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/22/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01380-UNJ Document 28 Filed 03/03/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1380V UNPUBLISHED JENNIFER JOYCE, Chief Special Master Corcoran Petitioner, Filed: January 22, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 11, 2019, Jennifer Joyce 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 (“flu”) vaccine administered on September 17, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 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 states that “[P]etitioner has satisfied the criteria set forth in 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-01380-UNJ Document 28 Filed 03/03/21 Page 2 of 2 the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” 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-01380-1 Date issued/filed: 2021-04-28 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/29/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01380-UNJ Document 34 Filed 04/28/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1380V UNPUBLISHED JENNIFER JOYCE, Chief Special Master Corcoran Petitioner, Filed: March 29, 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. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 11, 2019, Jennifer Joyce 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 (“flu”) vaccine administered on September 17, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 26, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $85,540.00 (comprised of $85,000.00 for pain and suffering and $540.00 for unreimbursed medical expenses). 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-01380-UNJ Document 34 Filed 04/28/21 Page 2 of 5 Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 2. 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 $85,540.00 (comprised of $85,000.00 for pain and suffering and $540.00) 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-01380-UNJ Document 34 Filed 04/28/21 Page 3 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS JENNIFER JOYCE, Petitioner, Case No. 19-1380V (ECF) v. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On January 22, 2021, respondent filed a Vaccine Rule 4(c) report concluding that Jennifer Joyce (“petitioner”) suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34 (“the Act”). Accordingly, on January 22, 2021, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to compensation under the Act. II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers that petitioner should be awarded $85,540.00. The award is comprised of the following: $85,000.00 for pain and suffering and $540.00 for unreimbursed medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under Case 1:19-vv-01380-UNJ Document 34 Filed 04/28/21 Page 4 of 5 42 U.S.C. § 300aa-15(a) regarding her September 17, 2018, influenza vaccination. Petitioner agrees.1 III. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $85,540.00, in the form of a check payable to petitioner. 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 Acting Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD 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 lost earnings, and future pain and suffering. 2 Case 1:19-vv-01380-UNJ Document 34 Filed 04/28/21 Page 5 of 5 s/ Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov DATED: March 26, 2021 3