VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00498 Package ID: USCOURTS-cofc-1_20-vv-00498 Petitioner: Ruby Williams Filed: 2020-04-24 Decided: 2022-04-29 Vaccine: influenza Vaccination date: 2018-10-03 Condition: right-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75178 AI-assisted case summary: Ruby Williams filed a petition for compensation under the National Vaccine Injury Compensation Program on April 24, 2020, alleging she received an influenza vaccine on October 3, 2018, and subsequently suffered from a right-sided shoulder injury related to vaccine administration (SIRVA). She further alleged the effects of her injury lasted for more than six months. The respondent conceded that Petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. The respondent specifically agreed that Petitioner had no prior history of shoulder issues, that her pain began within 48 hours of vaccination, that her pain and reduced range of motion were limited to the injected shoulder, and that no other condition explained her symptoms. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, on April 29, 2022, a decision awarding damages was issued. The respondent proffered an award of $75,178.92, consisting of $75,000.00 for pain and suffering, $160.00 for past unreimbursed expenses, and $18.92 to satisfy a State of Texas Medicaid lien. Petitioner agreed with this proffered award, and the court ordered the payment accordingly. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00498-0 Date issued/filed: 2022-04-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/23/2022) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00498-UNJ Document 41 Filed 04/22/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0498V UNPUBLISHED RUBY WILLIAMS, Chief Special Master Corcoran Petitioner, Filed: March 23, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 24, 2020, Ruby Williams 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 received an influenza (“flu”) vaccine in her right deltoid on October 3, 2018, and thereafter suffered from a right-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1 (Preamble). Petitioner further alleges that she suffered the effects of her injury for more than six months. Petition at 4- 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 22, 2022, Respondent filed a combined Rule 4(c) report and Proffer (“Rule 4(c)/Proffer) in which he concedes that Petitioner is entitled to compensation in this 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-00498-UNJ Document 41 Filed 04/22/22 Page 2 of 2 case. Rule 4(c)/Proffer at 1. Specifically, Respondent states that “petitioner’s claim meets the Table criteria for SIRVA.” Id. at 3. Respondent further agrees that “petitioner had no history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she more likely than not suffered the onset of pain within forty-eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that would explain petitioner’s symptoms, at least through 2019.” Id. at 3-4. Respondent states that Petitioner is entitled to a presumption of vaccine causation. Id. at 4. 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-00498-1 Date issued/filed: 2022-04-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/23/2022) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00498-UNJ Document 42 Filed 04/29/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0498V UNPUBLISHED RUBY WILLIAMS, Chief Special Master Corcoran Petitioner, Filed: March 23, 2022 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) Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 24, 2020, Ruby Williams 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 received an influenza (“flu”) vaccine in her right deltoid on October 3, 2018, and thereafter suffered from a right-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1 (Preamble). The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 23, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 22, 2022, Respondent filed a combined Rule 4(c) report and Proffer on award of compensation (“Rule 4(c)/Proffer”) indicating Petitioner should be awarded a total of $75,178.92, consisting of $75,000.00 in pain and suffering, $160.00 for past unreimbursed expenses, and $18.92, representing compensation for 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-00498-UNJ Document 42 Filed 04/29/22 Page 2 of 2 satisfaction of a State of Texas Medicaid lien. Rule 4(c)/Proffer at 4-5. In the Proffer, 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 Rule 4(c)/Proffer. Pursuant to the terms stated in the Rule 4(c)/Proffer, I award Petitioner the following: (1) A lump sum payment of $18.92 representing compensation for satisfaction of a State of Texas Medicaid lien, payable jointly to Petitioner and TMHP-Medicaid TMHP TPL-Tort Department Attn: Tort Receivables PO Box 202948 Austin, TX 78720-2948. Petitioner agrees to endorse this payment to TMHP (Texas Medicaid & Healthcare Partnership), and (2) a lump sum payment of $75,160.00, (representing $75,000.00 for pain and suffering and $160.00 for past unreimbursed expenses) 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