VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00446 Package ID: USCOURTS-cofc-1_20-vv-00446 Petitioner: Christina Wells Filed: 2020-04-16 Decided: 2022-01-06 Vaccine: influenza Vaccination date: 2018-10-25 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55190 AI-assisted case summary: Christina Wells filed a petition for compensation under the National Vaccine Injury Compensation Program on April 16, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 25, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 17, 2021, conceding that Ms. Wells met the criteria for a Table injury and was entitled to compensation. The respondent stated that Petitioner "has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA." Respondent also stated that no other causes for Petitioner's SIRVA were identified and that Petitioner met the statutory requirement of suffering the condition for more than six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 17, 2021, finding Petitioner eligible for compensation. Subsequently, on December 7, 2021, the respondent filed a proffer on award of compensation. The parties agreed to an award of $55,190.21, comprising $55,000.00 for pain and suffering and $190.21 for medical expenses paid by Medicaid. The decision dated January 6, 2022, awarded Ms. Wells this amount, noting she is a competent adult. The award was to be paid via two lump sum payments: one check for $55,000.00 payable to Petitioner, and a second payment of $190.21 payable jointly to Petitioner and South Country Health Alliance to satisfy a Medicaid lien. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and the respondent was represented by Mark Kim Hellie of the U.S. Department of Justice. Chief Special Master Brian H. Corcoran issued the final decision. Theory of causation field: Christina Wells filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 25, 2018. The respondent conceded that Petitioner met the criteria for a Table injury and the Qualifications and Aids to Interpretation for SIRVA, and identified no other causes for the injury. Petitioner satisfied the statutory requirement of suffering the condition for more than six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 17, 2021, finding Petitioner entitled to compensation. A subsequent decision on January 6, 2022, awarded Petitioner $55,190.21, consisting of $55,000.00 for pain and suffering and $190.21 for medical expenses paid by Medicaid. The theory of causation is based on the Vaccine Injury Table (Table) for SIRVA. Petitioner was represented by Bridget Candace McCullough, and Respondent was represented by Mark Kim Hellie. Chief Special Master Brian H. Corcoran presided over the case. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00446-0 Date issued/filed: 2021-10-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/17/2021) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00446-UNJ Document 30 Filed 10/20/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0446V UNPUBLISHED CHRISTINA WELLS, Chief Special Master Corcoran Petitioner, Filed: September 17, 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. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 16, 2020, Christina Wells 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 left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza (“flu”) vaccine administered on October 25, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 17, 2021, Respondent filed his Rule 4(c) report in which he states that he does not contest that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, it is Respondent’s position that Petitioner “has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the 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-00446-UNJ Document 30 Filed 10/20/21 Page 2 of 2 Qualifications and Aids to Interpretation (“QAI”) for SIRVA.” Id. at 4. Respondent “[has] not identif[ied] any other causes for [P]etitioner’s SIRVA,” and agreed that “[P]etitioner meets the statutory requirements by suffering the condition for more than six months.” Id. Therefore, based on the record as it now stands, Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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-00446-1 Date issued/filed: 2022-01-06 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 12/07/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00446-UNJ Document 37 Filed 01/06/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0446V UNPUBLISHED CHRISTINA WELLS, Chief Special Master Corcoran Petitioner, Filed: December 7, 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) Bridget McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mark Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 16, 2020, Christina Wells 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) as a result of an influenza (“flu”) vaccine received on October 25, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 17, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a left SIRVA. ECF 27. On December 7, 2021, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $55,190.21. Proffer at 1. The award is comprised of the following: (1) $55,000.00 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-00446-UNJ Document 37 Filed 01/06/22 Page 2 of 5 for pain and suffering and (2) $190.21 for medical expenses paid by Medicaid.3 Id. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. at 2. 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 compensation through two lump sum payments as follows: 1. A check made payable to Petitioner in the amount of $55,000.00 for pain and suffering; and 2. A payment of $190.21, representing compensation for satisfaction of the South Country Health Alliance Medicaid lien, payable jointly to Petitioner and to: South Country Health Alliance4 2300 Park Dr, Ste 100 Owatonna, MN 55060 ID#: G0585616501 Id. These amounts represent 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.5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Respondent avers “Th[is] lump sum payment represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Minnesota or the South Country Health Alliance may have against any individual as a result of any Medicaid payments . . . made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about October 25, 2018, under Title XIX of the Social Security Act.” Proffer at 1 n.1. 4 Petitioner agrees to endorse this payment to the South Country Health Alliance. Proffer at 2. 5 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-00446-UNJ Document 37 Filed 01/06/22 Page 3 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS CHRISTINA WELLS, Petitioner, Case No. 20-446V (ECF) v. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On September 17, 2021, respondent filed a Vaccine Rule 4(c) report concluding that Christina Wells (“petitioner”) suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34 (“the Act”). Accordingly, on September 17, 2021, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner was entitled to compensation under the Act. II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers that petitioner should be awarded $55,190.21. The award is comprised of the following: $55,000.00 for pain and suffering and $190.21 for medical expenses paid by Medicaid.1 This amount represents 1 The $190.21 lump sum payment represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Minnesota or the South Country Case 1:20-vv-00446-UNJ Document 37 Filed 01/06/22 Page 4 of 5 all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) regarding her October 25, 2018, influenza vaccination. Petitioner agrees.2 III. Form of the Award Respondent recommends that the compensation provided to petitioner be made through two lump sum payments as described below: (1) The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $55,000.00, in the form of a check payable to petitioner. Petitioner agrees. (2) A lump sum payment of $190.21, representing compensation for satisfaction of the South Country Health Alliance Medicaid lien, payable jointly to petitioner and to: South Country Health Alliance 2300 Park Drive, Suite 100 Owatonna, MN 55060 ID#: G0585616501 Petitioner agrees to endorse this payment to the South Country Health Alliance. Health Alliance may have against any individual as a result of any Medicaid payments the State of Minnesota or the South Country Health Alliance made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about October 25, 2018, under Title XIX of the Social Security Act. 2 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 medical expenses, future lost earnings, and future pain and suffering. 2 Case 1:20-vv-00446-UNJ Document 37 Filed 01/06/22 Page 5 of 5 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 s/ Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov DATED: December 7, 2021 3