VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01569 Package ID: USCOURTS-cofc-1_19-vv-01569 Petitioner: Renee Orlandi Filed: 2019-10-09 Decided: 2021-04-06 Vaccine: influenza Vaccination date: 2016-11-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100558 AI-assisted case summary: Renee Orlandi filed a petition on October 9, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 3, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 28, 2021, conceding that Ms. Orlandi's injury satisfied the criteria of the Vaccine Injury Table and therefore conceding her entitlement to compensation. The respondent specifically concluded that Ms. Orlandi suffered a right SIRVA injury as defined by the Vaccine Injury Table and that she experienced residual effects of her condition for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 2, 2021, finding Ms. Orlandi entitled to compensation. Subsequently, on March 3, 2021, the respondent filed a proffer on award of compensation, recommending an award of $100,558.57. The proffer indicated that Ms. Orlandi, a competent adult, agreed with the proffered award. The proposed award included $100,000.00 for actual and projected pain and suffering, with the projected amount reduced to net present value, and $558.57 for past unreimbursable expenses. The respondent recommended this compensation be paid as a lump sum check payable to Ms. Orlandi. Chief Special Master Corcoran issued a decision on April 6, 2021, awarding Ms. Orlandi a total of $100,558.57, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner Renee Orlandi alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 3, 2016. The respondent conceded that the alleged injury satisfied the criteria of the Vaccine Injury Table, thus conceding entitlement to compensation. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset, symptoms, tests, or treatments. The Special Master found entitlement based on the respondent's concession that the injury met the Table criteria and resulted in residual effects for more than six months. The case proceeded to an award of damages based on a proffer agreed to by both parties. The award was $100,558.57, consisting of $100,000.00 for pain and suffering and $558.57 for past unreimbursable expenses. The decision on entitlement was issued by Chief Special Master Brian H. Corcoran on March 2, 2021, and the damages decision was issued on April 6, 2021. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Jennifer Leigh Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01569-0 Date issued/filed: 2021-04-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/02/2021) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01569-UNJ Document 27 Filed 04/01/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1569V UNPUBLISHED RENEE ORLANDI, Chief Special Master Corcoran Petitioner, Filed: March 2, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On October 9, 2019, Renee Orlandi 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 November 3, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 28, 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 concludes that Petitioner “suffered a right SIRVA injury as 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-01569-UNJ Document 27 Filed 04/01/21 Page 2 of 2 defined by the Vaccine Injury Table.” Id. at 7-8. Respondent further agrees that Petitioner suffered the residual effects of her condition for more than six months. Id. at 8. 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-01569-1 Date issued/filed: 2021-04-06 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/03/2021) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01569-UNJ Document 28 Filed 04/06/21 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1569V UNPUBLISHED RENEE ORLANDI, Chief Special Master Corcoran Petitioner, Filed: March 3, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On October 9, 2019, Renee Orlandi 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 November 3, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 2, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On March 3, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $100,558.57. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01569-UNJ Document 28 Filed 04/06/21 Page 2 of 5 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 $100,558.57 (representing compensation in the amount of $100,000.00 in actual and projected pain and suffering and $558.57 in past unreimbursable 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 Case 1:19-vv-01569-UNJ Document 28 Filed 04/06/21 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS RENEE ORLANDI, Petitioner, No. 19-1569V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF DAMAGES On October 9, 2019, Renee Orlandi (“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 alleged that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) following her receipt of an influenza vaccine on November 3, 2016. Respondent conceded that petitioner’s alleged injury satisfies the criteria of the Vaccine Injury Table, and therefore conceded petitioner’s entitlement to compensation in his Rule 4(c) Report filed on February 28, 2021. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to compensation. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $100,000.00 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-01569-UNJ Document 28 Filed 04/06/21 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $558.57. Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $100,558.57, 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 Acting Deputy 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-01569-UNJ Document 28 Filed 04/06/21 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 Date: March 3, 2021 3