VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00646 Package ID: USCOURTS-cofc-1_20-vv-00646 Petitioner: Shannon Alfaro Filed: 2022-01-21 Decided: 2022-09-09 Vaccine: influenza Vaccination date: 2017-10-04 Condition: right shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 145247 AI-assisted case summary: Shannon Alfaro filed a petition for compensation under the National Vaccine Injury Compensation Program on January 21, 2022, alleging she suffered right shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine received on or about October 4, 2017. She alleged the vaccine was administered in the United States, she suffered residual effects for more than six months, and had not received prior compensation or filed a civil action. Respondent conceded entitlement to compensation, agreeing that she had no prior shoulder issues, experienced pain and reduced range of motion within 48 hours of vaccination in the affected shoulder, and that her injury persisted for more than six months. The case proceeded as a Table injury claim. On September 9, 2022, a decision awarding damages was issued. Based on a proffer agreed to by both parties, Shannon Alfaro was awarded a total of $145,247.90, comprised of $140,000.00 for pain and suffering and $5,247.90 for past and future unreimbursable expenses. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00646-0 Date issued/filed: 2022-03-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/21/2022) regarding 41 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00646-UNJ Document 47 Filed 03/01/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0646V UNPUBLISHED SHANNON ALFARO, Chief Special Master Corcoran Petitioner, Filed: January 21, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Michael Adly Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for Petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 27, 2020, Shannon Alfaro 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 that she suffered right shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on or about October 4, 2017. Petition at 1. Petitioner further alleges the vaccine was administered in the United States, she suffered residual effects of her injury for more than six months, and she has never received compensation in the form of an award or settlement for her vaccine-related injuries, nor has she filed a civil action for her injuries prior to this petition. Petition at 1-5; Ex. 1. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-00646-UNJ Document 47 Filed 03/01/22 Page 2 of 2 On January 20, 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 agrees that “petitioner had no apparent recent 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 administration; 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. Therefore, petitioner is entitled to a presumption of vaccine causation.” Id. at 6. 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 by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” Id. 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-00646-1 Date issued/filed: 2022-09-09 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/09/2022) regarding 53 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00646-UNJ Document 58 Filed 09/09/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0646V UNPUBLISHED SHANNON ALFARO, Chief Special Master Corcoran Petitioner, Filed: August 9, 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) Michael Adly Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX, for Petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 27, 2020, Shannon Alfaro 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 that she suffered right shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on or about October 4, 2017. Petition at 1. Petitioner further alleges the vaccine was administered in the United States, she suffered residual effects of her injury for more than six months, and she has never received compensation in the form of an award or settlement for her vaccine-related injuries, nor has she filed a civil action for her injuries prior to this petition. Petition at 1-5; Ex. 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-00646-UNJ Document 58 Filed 09/09/22 Page 2 of 5 On January 21, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 9, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $145,247.90. Proffer at 2. 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 $145,247.90 (comprised of $140,000.00 for pain and suffering and $5,247.90 for past and future 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 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-00646-UNJ Document 58 Filed 09/09/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) SHANNON ALFARO, ) ) Petitioner, ) ) v. ) No. 20-646V (ECF) ) Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 20, 2022, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 40. On January 21, 2022, 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”) and related sequela. ECF No. 41. I. Amount of Compensation A. Pain and Suffering Respondent now proffers that, based on the Chief Special Master’s entitlement decision and the evidence of record, petitioner should be awarded $140,000.00 for pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past and Future Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past and will reasonably incur future unreimbursable expenses related to her vaccine-related injury. Respondent proffers Case 1:20-vv-00646-UNJ Document 58 Filed 09/09/22 Page 4 of 5 that petitioner should be awarded past and future unreimbursable expenses in the amount of $5,247.90. See 42 U.S.C. §§ 300aa-15(a)(1)(A),(B). Petitioner agrees. 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 as described below, and requests that the Chief Special Master’s damages decision and the Court’s judgment award the following: 1 A. A lump sum of $145,247.90, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available 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 Principal Deputy 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 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. 2 Case 1:20-vv-00646-UNJ Document 58 Filed 09/09/22 Page 5 of 5 /s/ Kyle E. Pozza_____________ KYLE E. POZZA 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) 616-3661 E-mail: Kyle.Pozza@usdoj.gov Dated: August 9, 2022 3