VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01480 Package ID: USCOURTS-cofc-1_19-vv-01480 Petitioner: Shawna O’Brien Filed: 2019-09-25 Decided: 2021-10-08 Vaccine: influenza Vaccination date: 2018-10-12 Condition: left shoulder injuries related to vaccine administration Outcome: compensated Award amount USD: 62500 AI-assisted case summary: Shawna O’Brien filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 12, 2018. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation for SIRVA, agreeing that she had no prior history of shoulder issues, that her pain and reduced range of motion were limited to the injected shoulder, and that her symptoms were not explained by any other condition. Respondent also confirmed the case was timely filed, the vaccine was received in the U.S., and the statutory severity requirement was met. Based on Respondent's concession and the evidence, entitlement to compensation for SIRVA was granted. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $62,500.00, which Petitioner agreed to. The Chief Special Master awarded Shawna O’Brien a lump sum payment of $62,500.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01480-0 Date issued/filed: 2021-08-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/13/2021) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01480-UNJ Document 28 Filed 08/13/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1480V UNPUBLISHED SHAWNA O’BRIEN, Chief Special Master Corcoran Petitioner, Filed: July 13, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 25, 2019, Shawna O’Brien filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On July 1, 2021, Petitioner filed an amended petition. Petitioner alleges that she suffered left shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October 12, 2018. Amended Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01480-UNJ Document 28 Filed 08/13/21 Page 2 of 2 On March 22, 2021, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case for SIRVA.3 Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees that: [P]etitioner 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 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 was no other condition or abnormality present that would explain petitioner’s symptoms. Therefore, petitioner is entitled to a presumption of vaccine causation for SIRVA Respondent’s Rule 4(c) Report at 6. Respondent further agrees 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 after vaccine administration.” Id. at 9. 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 3 Respondent also asserted that Petitioner was not entitled to compensation for her causation in fact brachial neuritis claim. Respondent’s Rule 4 Report at 7-8. Petitioner subsequently filed an amended petition asserting only the SIRVA claim. Amended Petition, filed July 1, 2021. 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-01480-1 Date issued/filed: 2021-10-08 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 09/08/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01480-UNJ Document 34 Filed 10/08/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1480V UNPUBLISHED SHAWNA O’BRIEN, Chief Special Master Corcoran Petitioner, Filed: September 8, 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. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 25, 2019, Shawna O’Brien filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On July 1, 2021, Petitioner filed an amended petition. Petitioner alleges that she suffered left shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October 12, 2018. Amended Petition at 1-4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 13, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 8, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $62,500.00. Proffer at 1-2. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01480-UNJ Document 34 Filed 10/08/21 Page 2 of 4 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 $62,500.00 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.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-01480-UNJ Document 34 Filed 10/08/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) SHAWNA O’BRIEN, ) ) Petitioner, ) ) No. 19-1480V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION On March 22, 2021, respondent filed a Rule 4(c) Report, in which he conceded that petitioner sustained a Table left shoulder injury related to vaccine administration (“SIRVA”) from the flu vaccine administered on October 12, 2018; that the records showed that the case was timely filed; that the vaccine was received in the United States; and that petitioner satisfied the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration. ECF No. 21. On July 13, 2021, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation for SIRVA. ECF No. 26. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $62,500.00, which represents all elements of compensation to which petitioner would be entitled Case 1:19-vv-01480-UNJ Document 34 Filed 10/08/21 Page 4 of 4 under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $62,500.00, in the form of a check payable to petitioner. Petitioner agrees. 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/ Claudia B. Gangi CLAUDIA B. GANGI Senior 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) 616-4138 Email: claudia.gangi@usdoj.gov Dated: September 8, 2021 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.