VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01926 Package ID: USCOURTS-cofc-1_19-vv-01926 Petitioner: Lisa Adams Filed: 2019-12-19 Decided: 2022-03-09 Vaccine: influenza Vaccination date: 2018-11-10 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 63400 AI-assisted case summary: Lisa Adams filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination she received on November 10, 2018. Respondent conceded that Petitioner's alleged injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table. Respondent found that Petitioner had no prior history of left shoulder pain, that the pain occurred within 48 hours after vaccination, was limited to the shoulder of injection, and no other condition explained the pain. Additionally, Petitioner suffered residual effects for more than six months. Based on this concession and the evidence, entitlement to compensation was granted on June 7, 2021. Subsequently, on January 31, 2022, the parties submitted a proffer on award of damages. Respondent recommended an award of $63,400.90, comprising $63,000.00 for pain and suffering and $400.90 for past unreimbursable expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Petitioner the lump sum of $63,400.90 on March 9, 2022. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01926-0 Date issued/filed: 2021-07-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/07/2021) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01926-UNJ Document 21 Filed 07/07/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1926V UNPUBLISHED LISA ADAMS, Chief Special Master Corcoran Petitioner, Filed: June 7, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On December 19, 2019, Lisa Adams 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) caused by an influenza (flu) vaccination received on November 10, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 20, 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. Respondent concluded that “[P]etitioner’s alleged injury is consistent with a SIRVA injury, as defined on the Vaccine Injury Table.” Id. at 3. Specifically, Respondent found that 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-01926-UNJ Document 21 Filed 07/07/21 Page 2 of 2 [P]etitioner had no history of pain, inflammation, or dysfunction of the left shoulder; medical records document that the shoulder pain occurred within 48 hours after vaccination; the 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 . . . . Additionally, based on the medical records outlined above, [P]etitioner suffered the residual effects of the condition for more than six months. Therefore, based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act. Id. (Citations omitted). Respondent further agrees that the scope of damages to be awarded is limited to Petitioner’s SIRVA and its related sequelae. 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-01926-1 Date issued/filed: 2022-03-09 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/02/2022) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01926-UNJ Document 32 Filed 03/09/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1926V UNPUBLISHED LISA ADAMS, Chief Special Master Corcoran Petitioner, Filed: February 2, 2022 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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 19, 2019, Lisa Adams 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), caused by the influenza vaccination she received on November 10, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 7, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 31, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $63,400.90 (63,000.00 for actual and projected pain and suffering, and $400.90 for past unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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-01926-UNJ Document 32 Filed 03/09/22 Page 2 of 5 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 $63,400.90 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 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-01926-UNJ Document 32 Filed 03/09/22 Page 3 of 5 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LISA ADAMS, Petitioner, No. 19-1926V Chief Special Master Corcoran v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF DAMAGES On December 19, 2019, Lisa Adams (“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 November 10, 2018. Petition at 1. 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 May 20, 2021. ECF No. 18. Based on Respondent’s Rule 4(c) Report the Court found petitioner entitled to compensation on June 7, 2021. ECF No. 19. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $63,000.00 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-01926-UNJ Document 32 Filed 03/09/22 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 $400.90. Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $63,400.90 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 TRACI R. PATTON 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-01926-UNJ Document 32 Filed 03/09/22 Page 5 of 5 s/Jennifer L. Reynaud JENNIFER L. REYNAUD 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) 305-1586 Jennifer.L.Reynaud@usdoj.gov DATED: January 31, 2022 3