VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01988 Package ID: USCOURTS-cofc-1_19-vv-01988 Petitioner: Angelica Davila Filed: 2019-12-30 Decided: 2021-06-04 Vaccine: HPV Vaccination date: 2017-09-08 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 47550 AI-assisted case summary: Angelica Davila filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a human papillomavirus (HPV) vaccine on September 8, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 29, 2021, conceding that Ms. Davila met the criteria for SIRVA as a Table injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 3, 2021, finding Ms. Davila entitled to compensation. Subsequently, on June 4, 2021, Chief Special Master Corcoran issued a decision awarding damages based on a proffer filed by the respondent. The respondent's proffer indicated that Ms. Davila agreed with the proposed award. Ms. Davila was awarded a lump sum payment of $47,550.00. This award included $47,500.00 for pain and suffering and $50.00 for unreimbursed medical expenses. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mark Kim Hellie of the U.S. Department of Justice. Theory of causation field: Petitioner Angelica Davila alleged a shoulder injury related to vaccine administration (SIRVA) following an HPV vaccine on September 8, 2017. The respondent conceded that Petitioner met the criteria for SIRVA as a Table injury. The public text does not name specific medical experts or detail the mechanism of injury. A ruling on entitlement was issued on May 3, 2021, by Chief Special Master Brian H. Corcoran, finding Petitioner entitled to compensation. A decision awarding damages was issued on June 4, 2021, by Chief Special Master Corcoran, awarding Petitioner a lump sum of $47,550.00, consisting of $47,500.00 for pain and suffering and $50.00 for unreimbursed medical expenses, based on a proffer agreed to by Petitioner. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Mark Kim Hellie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01988-0 Date issued/filed: 2021-06-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/03/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01988-UNJ Document 34 Filed 06/03/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1988V UNPUBLISHED ANGELICA DAVILA, Chief Special Master Corcoran Petitioner, Filed: May 3, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Human Papillomavirus (HPV) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On December 30, 2019, Angelica Davila 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 a human papillomavirus (“HPV”) vaccine administered on September 8, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 29, 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 has satisfied the criteria for SIRVA 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-01988-UNJ Document 34 Filed 06/03/21 Page 2 of 2 set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). Id. at 3. 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-01988-1 Date issued/filed: 2021-06-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/03/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01988-UNJ Document 35 Filed 06/04/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1988V UNPUBLISHED ANGELICA DAVILA, Chief Special Master Corcoran Petitioner, Filed: May 3, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Human Papillomavirus (HPV) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On December 30, 2019, Angelica Davila 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 a human papillomavirus (“HPV”) vaccine administered on September 8, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 29, 2021, Respondent filed a combined Rule 4(c) Report and proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $47,550.00. Proffer at 3. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 4. 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-01988-UNJ Document 35 Filed 06/04/21 Page 2 of 2 On May 3, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. 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 Proffer, I award Petitioner a lump sum payment of $47,550.00 (representing compensation in the amount of $47,500.00 for pain and suffering and $50.00 for unreimbursed medical 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