VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01981 Package ID: USCOURTS-cofc-1_19-vv-01981 Petitioner: Karen Godwin Filed: 2019-12-30 Decided: 2021-09-16 Vaccine: influenza Vaccination date: 2018-10-26 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 93500 AI-assisted case summary: Karen Godwin filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 26, 2018. The petition stated that the vaccine was administered in the United States, that the residual effects of her SIRVA lasted for more than six months, and that no civil action had been filed or compensation received for her injury. The respondent filed a Rule 4(c) report on June 25, 2021, conceding that Ms. Godwin was entitled to compensation because her injury met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. On June 28, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Godwin entitled to compensation. Subsequently, on August 16, 2021, the respondent filed a proffer on award of compensation. The proffer indicated that Ms. Godwin should be awarded $93,500.00 for pain and suffering, and that Ms. Godwin agreed with this proffered award. Chief Special Master Corcoran issued a decision on September 16, 2021, awarding Ms. Godwin a lump sum payment of $93,500.00, payable by check to Ms. Godwin, representing compensation for her pain and suffering. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Ida Nassar of the U.S. Department of Justice. Theory of causation field: Karen Godwin filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 26, 2018. The respondent conceded entitlement, agreeing that the injury met the Vaccine Injury Table definition for SIRVA. The respondent's Rule 4(c) report filed June 25, 2021, indicated the case was appropriate for compensation under the Act for a SIRVA Table injury. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on June 28, 2021, finding Petitioner entitled to compensation. On August 16, 2021, Respondent filed a proffer recommending an award of $93,500.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision on September 16, 2021, awarding Petitioner a lump sum payment of $93,500.00, payable to Petitioner, for pain and suffering. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP) and Respondent by Ida Nassar (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01981-0 Date issued/filed: 2021-07-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/28/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01981-UNJ Document 25 Filed 07/29/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1981V UNPUBLISHED KAREN GODWIN, Chief Special Master Corcoran Petitioner, Filed: June 28, 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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 30, 2019, Karen Godwin 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”) which meets the Table definition for SIRVA or which, in the alternative, was caused-in-fact by the influenza vaccine she received on October 26, 2018. Petition at 1, ¶¶ 2, 21. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 2, 21-22. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01981-UNJ Document 25 Filed 07/29/21 Page 2 of 2 On June 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 believes that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” Id. at 6. 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-01981-1 Date issued/filed: 2021-09-16 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 08/16/2021) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01981-UNJ Document 32 Filed 09/16/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1981V UNPUBLISHED KAREN GODWIN, Chief Special Master Corcoran Petitioner, Filed: August 16, 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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Ida Nassar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 30, 2019, Karen Godwin 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”) which meets the Table definition for SIRVA or which, in the alternative, was caused-in-fact by the influenza vaccine she received on October 26, 2018. Petition at 1, ¶¶ 2, 21. Petitioner The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 28, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On August 16, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $93,500.00, representing compensation for her pain and suffering. Proffer at 1. In the Proffer, 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-01981-UNJ Document 32 Filed 09/16/21 Page 2 of 4 Respondent represented 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 $93,500.00, representing compensation for her 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.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-01981-UNJ Document 32 Filed 09/16/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) KAREN GODWIN, ) ) Petitioner, ) ) No. 19-1981V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 30, 2019, Karen Godwin (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccine she received on October 26, 2018. Petition at 1. On June 25, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury. ECF No. 21. On February 28, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 23. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $93,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:19-vv-01981-UNJ Document 32 Filed 09/16/21 Page 4 of 4 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 as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $93,500.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Karen Godwin: $93,500.00 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/ Ida Nassar IDA NASSAR Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 DATED: August 16, 2021 Tel: (202) 616-4186 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 lost earnings and future pain and suffering. 2