VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00573 Package ID: USCOURTS-cofc-1_20-vv-00573 Petitioner: Laura Hauer Filed: 2021-08-23 Decided: 2021-09-29 Vaccine: influenza Vaccination date: 2017-11-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80551 AI-assisted case summary: Laura Hauer filed a petition for compensation under the National Vaccine Injury Compensation Program on May 7, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 30, 2017. The petition stated that the vaccine was administered in the United States, that she continued to suffer residual effects more than six months post-vaccination, and that no civil action had been filed or compensation received for the SIRVA. The case was assigned to the Special Processing Unit. On August 23, 2021, the Respondent filed a Rule 4(c) report conceding that Ms. Hauer was entitled to compensation, finding that she met the criteria for a presumed SIRVA, which is a Table injury, and that she had satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 23, 2021, finding Ms. Hauer entitled to compensation. Subsequently, on August 26, 2021, the Respondent filed a proffer on the award of compensation. On September 29, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages. The parties agreed to a proffer of compensation, and Ms. Hauer was awarded a total of $80,551.47. This award consisted of $77,500.00 for pain and suffering and $3,051.47 for unreimbursable expenses, to be paid as a lump sum check payable to Ms. Hauer. Ms. Hauer is a competent adult. Petitioner counsel was David John Carney of Green & Schafle LLC, and respondent counsel was Lara Ann Englund of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Theory of causation field: Laura Hauer filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on November 30, 2017. The Respondent conceded that Petitioner met the criteria for a presumed SIRVA, a Table injury, and satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on August 23, 2021, finding Petitioner entitled to compensation. A subsequent Decision Awarding Damages was issued on September 29, 2021, based on a proffer agreed to by both parties. Petitioner was awarded $80,551.47, comprising $77,500.00 for pain and suffering and $3,051.47 for unreimbursable expenses, paid as a lump sum. Chief Special Master Brian H. Corcoran presided over the case. Petitioner counsel was David John Carney, and Respondent counsel was Lara Ann Englund. The public text indicates a Table injury theory for SIRVA, but does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond its classification as a Table injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00573-0 Date issued/filed: 2021-09-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/23/2021) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00573-UNJ Document 39 Filed 09/27/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0573V UNPUBLISHED LAURA HAUER, Chief Special Master Corcoran Petitioner, Filed: August 23, 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) David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 7, 2020, Laura Hauer 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”) after receiving an influenza vaccine on November 30, 2017. Petition at 1, ¶ 3. Petitioner further alleges that she received the vaccine in the United States, that she continues to suffer the residual effects of the SIRVA more than six months post-vaccination, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 3, 23-24. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-00573-UNJ Document 39 Filed 09/27/21 Page 2 of 2 On August 23, 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 “has concluded that compensation is appropriate because [P]etitioner meets the criteria for a presumed SIRVA, as defined by the Vaccine Injury Table.” Id. at 5-6. Respondent further agrees that “[P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 6. 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-00573-1 Date issued/filed: 2021-09-29 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 08/26/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00573-UNJ Document 40 Filed 09/29/21 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0573V UNPUBLISHED LAURA HAUER, Chief Special Master Corcoran Petitioner, Filed: August 26, 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) David John Carney, Green & Schafle LLC, Philadelphia, PA, for Petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 7, 2020, Laura Hauer 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”) after receiving an influenza vaccine on November 30, 2017. Petition at 1, ¶ 3. Petitioner further alleges that she received the vaccine in the United States, that she continues to suffer the residual effects of the SIRVA more than six months post-vaccination, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 3, 23-24. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 23, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On August 26, 2021, Respondent filed a proffer on award 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-00573-UNJ Document 40 Filed 09/29/21 Page 2 of 4 of compensation (“Proffer”) indicating Petitioner should be awarded $80,551.47, representing $77,500.00 for her pain and suffering and $3,051.47 for her unreimbursable expenses. Proffer at 1. 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 Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $80,551.47, representing $77,500.00 for her pain and suffering and $3,051.47 for her unreimbursable 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 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-00573-UNJ Document 40 Filed 09/29/21 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LAURA HAUER, ) ) Petitioner, ) ) v. ) No. 20-573V ) Chief Special Master Brian Corcoran SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 23, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) within the Table timeframe following an influenza vaccination, which was compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34. Accordingly, on August 23, 2021, the Chief Special Master issued a Ruling on Entitlement. I. Items of Compensation Respondent proffers that petitioner should be awarded $77,500.00 for pain and suffering and $3,051.47 for unreimbursable medical expenses. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment of $80,551.47 in the form of a check payable to petitioner.1 This 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 medical expenses, future pain and suffering, and future lost wages. Case 1:20-vv-00573-UNJ Document 40 Filed 09/29/21 Page 4 of 4 lump sum payment represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ LARA A. ENGLUND LARA A. ENGLUND Assistant Director Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington D.C. 20044-0146 Tel: (202) 307-3013 E-mail: lara.a.englund@usdoj.gov Dated: August 26, 2021 2