VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00366 Package ID: USCOURTS-cofc-1_20-vv-00366 Petitioner: Amanullah Aman Filed: 2020-03-31 Decided: 2022-12-05 Vaccine: influenza Vaccination date: 2018-11-03 Condition: right shoulder injury Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Amanullah Aman filed a petition for compensation under the National Vaccine Injury Compensation Program on March 31, 2020, alleging a right shoulder injury after receiving influenza and Tdap vaccinations on November 3, 2018. The petition stated that the shoulder injury lasted longer than six months. The respondent, the Secretary of Health and Human Services, filed a report on April 18, 2022, conceding that the petitioner met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met because the residual effects of the injury continued for more than six months post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 25, 2022, finding Mr. Aman entitled to compensation. Subsequently, on November 2, 2022, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $70,000.00, consisting entirely of compensation for pain and suffering, and stated that the petitioner agreed with this amount. Chief Special Master Corcoran issued a decision on November 2, 2022, awarding Mr. Aman a lump sum payment of $70,000.00 for pain and suffering. The decision noted that this amount represented all elements of compensation available under Section 15(a) of the Vaccine Act. Petitioner was represented by Jonathan Svitak of Shannon Law Group, P.C., and respondent was represented by Jennifer A. Shah of the U.S. Department of Justice. Theory of causation field: Petitioner Amanullah Aman alleged a right shoulder injury, specifically SIRVA, following influenza and Tdap vaccinations on November 3, 2018. The injury was alleged to have lasted longer than six months. Respondent conceded entitlement, agreeing that Petitioner met the criteria for SIRVA on the Vaccine Injury Table and satisfied the statutory severity requirement. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. The case proceeded to a damages decision based on a proffer. Petitioner was awarded $70,000.00 as a lump sum payment for pain and suffering. The award was based on a stipulation between the parties. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on April 25, 2022, and the final decision awarding damages on November 2, 2022. Petitioner was represented by Jonathan Svitak, and Respondent was represented by Jennifer A. Shah. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00366-0 Date issued/filed: 2022-06-09 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2022) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00366-UNJ Document 44 Filed 06/09/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0366V UNPUBLISHED AMANULLAH AMAN, Chief Special Master Corcoran Petitioner, Filed: April 25, 2022 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) Jonathan Svitak, Shannon Law Group, Woodbridge, IL, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 31, 2020, Amanullah Aman 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 he suffered a right shoulder injury after receiving influenza and Tdap vaccinations on November 3, 2018. Petition at 1. Petitioner further alleges that his shoulder injury has lasted longer than six months. Petition at ¶21. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 18, 2022, 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 Petitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation (“QAI”) for right-shoulder SIRVA.” 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-00366-UNJ Document 44 Filed 06/09/22 Page 2 of 2 Id. at 6-7. Respondent further agrees that “the records show that the case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfies the statutory severity requirement because the residual effects or complications of his injury continued for more than six months after vaccine administration.” Id. at 7. 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-00366-1 Date issued/filed: 2022-12-05 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/02/2022) regarding 50 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00366-UNJ Document 54 Filed 12/05/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0366V UNPUBLISHED AMANULLAH AMAN, Chief Special Master Corcoran Petitioner, Filed: November 2, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Tetanus, Diphtheria, and Pertussis (Tdap); Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Jonathan Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 31, 2020, Amanullah Aman 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 he received Tdap and influenza vaccinations on November 3, 2018, and suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 25, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for Petitioner’s SIRVA injury. On November 2, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating that Petitioner should be awarded $70,000.00, comprised entirely of compensation for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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 1:20-vv-00366-UNJ Document 54 Filed 12/05/22 Page 2 of 5 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 $70,000.00 in 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 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-00366-UNJ Document 54 Filed 12/05/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS AMANULLAH AMAN, Petitioner, No. 20-366V Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 31, 2020, petitioner Amanullah Aman (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to –34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of influenza (“flu”) and tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccinations administered on November 3, 2018. Petition at 1. On April 18, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be awarded. ECF No. 38. On April 25, 2022, this Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 39. I. Items of Compensation Respondent proffers that petitioner should be awarded $70,000.00, consisting entirely of compensation for pain and suffering. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:20-vv-00366-UNJ Document 54 Filed 12/05/22 Page 4 of 5 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 $70,000.00, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Amanullah Aman. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Amanullah Aman: $70,000.00. Respectfully submitted, BRIAN BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI C. PATTON Assistant Director Torts Branch, Civil Division 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 Case 1:20-vv-00366-UNJ Document 54 Filed 12/05/22 Page 5 of 5 s/ Jennifer A. Shah Jennifer A. Shah 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) 305-2181 Jennifer.shah@usdoj.gov Dated: November 2, 2022 3