VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00189 Package ID: USCOURTS-cofc-1_20-vv-00189 Petitioner: Rina Schnaufer Filed: 2020-02-24 Decided: 2021-08-13 Vaccine: Hepatitis A Vaccination date: 2017-08-24 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 108456 AI-assisted case summary: Rina Schnaufer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Hepatitis A vaccine administered on August 24, 2017. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, stating that she satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Subsequently, a ruling on entitlement was issued finding Petitioner entitled to compensation. Following this, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $108,456.20, comprised of $107,500.00 for pain and suffering and $956.20 for out-of-pocket expenses. Petitioner agreed with the proffered award. The Chief Special Master reviewed the record and awarded Petitioner the lump sum of $108,456.20, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00189-0 Date issued/filed: 2021-07-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2021) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00189-UNJ Document 44 Filed 07/14/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0189V UNPUBLISHED RINA SCHNAUFER, Chief Special Master Corcoran Petitioner, Filed: June 14, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Hepatitis A (Hep A) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Matthew F. Belanger, Faraci Lang, LLP, Rochester, NY , for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 24, 2020, Rina Schnaufer 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 from a shoulder injury related to vaccine administration (“SIRVA”) as a result of a Hepatitis A (“Hep A”) vaccine that was administered to her on August 24, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 14, 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 states that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” 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 1:20-vv-00189-UNJ Document 44 Filed 07/14/21 Page 2 of 2 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-00189-1 Date issued/filed: 2021-08-13 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 07/12/2021) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00189-UNJ Document 48 Filed 08/13/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0189V UNPUBLISHED RINA SCHNAUFER, Chief Special Master Corcoran Petitioner, Filed: July 12, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Hepatitis A (Hep A) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Matthew F. Belanger, Faraci Lang, LLP, Rochester, NY, for Petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 24, 2020, Rina Schnaufer 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 Hepatitis A (“Hep A”) vaccine that was administered to her on August 24, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 14, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On July 12, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $108,456.20 (comprised of $107,500.00 for pain and suffering and $956.20 for out of pocket expenses). Proffer at 1. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-00189-UNJ Document 48 Filed 08/13/21 Page 2 of 4 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 $108,456.20 (comprised of $107,500.00 for pain and suffering and $956.20 for out of pocket 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 1:20-vv-00189-UNJ Document 48 Filed 08/13/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) RINA SCHNAUFER, ) ) Petitioner, ) ) No. 20-189V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On June 14, 2020, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 36. Thereafter, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No. 37. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $108,456.20. The award is comprised of the following: $107,500.00 for pain and suffering, and $956.20 for out of pocket expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $108,456.20, in the form of a check payable to petitioner. Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. Case 1:20-vv-00189-UNJ Document 48 Filed 08/13/21 Page 4 of 4 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ LYNN C. SCHLIE Lynn C. Schlie 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) 616-3667 Fax: (202) 616-4310 Dated: July 12, 2021