VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01401 Package ID: USCOURTS-cofc-1_19-vv-01401 Petitioner: Renee Goree Filed: 2019-09-12 Decided: 2021-10-08 Vaccine: influenza Vaccination date: 2017-10-13 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 95000 AI-assisted case summary: Renee Goree filed a petition for compensation under the National Vaccine Injury Compensation Program on September 12, 2019, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine administered on October 13, 2017. Respondent conceded that her injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table, noting her lack of prior shoulder issues, the onset of pain within 48 hours post-vaccination, and that the pain was localized to the injection site. Respondent also agreed that her condition resulted in residual effects for more than six months. A ruling on entitlement was issued on March 29, 2021, finding Ms. Goree entitled to compensation. Subsequently, on September 1, 2021, Respondent filed a proffer agreeing to an award of $95,000.00 for actual and projected pain and suffering, which Ms. Goree accepted. Chief Special Master Corcoran issued a decision awarding Ms. Goree a lump sum payment of $95,000.00 on October 8, 2021. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01401-0 Date issued/filed: 2021-04-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/29/2021) regarding 24 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01401-UNJ Document 27 Filed 04/28/21 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1401V UNPUBLISHED RENEE GOREE, Chief Special Master Corcoran Petitioner, Filed: March 29, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 12, 2019, Renee Goree 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”) resulting from an influenza (“flu”) vaccination administered on October 13, 2017. Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 25, 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 “petitioner’s alleged injury is consistent with a SIRVA injury, as defined on the Vaccine Injury Table. Specifically, petitioner had no 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-01401-UNJ Document 27 Filed 04/28/21 Page 2 of 2 history of pain, inflammation, or dysfunction of her left shoulder; medical records document that her shoulder pain occurred within 48 hours after vaccination; her pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that Petitioner suffered the residual effects of her condition for more than six months. 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-01401-1 Date issued/filed: 2021-10-08 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/02/2021) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01401-UNJ Document 37 Filed 10/08/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1401V UNPUBLISHED RENEE GOREE, Chief Special Master Corcoran Petitioner, Filed: September 2, 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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 12, 2019, Renee Goree 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 to her left shoulder on October 13, 2017. Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 29, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 1, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $95,000.00 in actual and projected pain and suffering3. Proffer at 1. In the Proffer, Respondent represented 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). 3 This amount reflects that any award for projected pain and suffering has been reduced to net present value. Case 1:19-vv-01401-UNJ Document 37 Filed 10/08/21 Page 2 of 5 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 $95,000.00 (in actual and projected pain and suffering) 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-01401-UNJ Document 37 Filed 10/08/21 Page 3 of 5 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RENEE GOREE, Petitioner, No. 19-1401V Chief Special Master Corcoran v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF DAMAGES On September 12, 2019, Renee Goree (“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. Petitioner alleges that she suffered a left Shoulder Injury Related to Vaccine Administration (“SIRVA”) resulting from an influenza (“flu”) vaccination administered on October 13, 2017. Petition at Preamble. Respondent concluded that petitioner’s alleged injury satisfied the criteria of the Vaccine Injury Table, and therefore conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on March 25, 2021. ECF No. 23. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to compensation on March 29, 2021. ECF No. 24. I. Item of Compensation Respondent proffers that petitioner should be awarded $95,000.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:19-vv-01401-UNJ Document 37 Filed 10/08/21 Page 4 of 5 II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $95,000.00 in the form of a check made payable to petitioner.1 This lump sum payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 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 1 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 Case 1:19-vv-01401-UNJ Document 37 Filed 10/08/21 Page 5 of 5 s/Jennifer L. Reynaud JENNIFER L. REYNAUD Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-1586 Jennifer.L.Reynaud@usdoj.gov DATED: September 1, 2021 3