VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00800 Package ID: USCOURTS-cofc-1_20-vv-00800 Petitioner: Susan Laracy Filed: 2020-07-01 Decided: 2021-12-14 Vaccine: influenza Vaccination date: 2017-11-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 51012 AI-assisted case summary: Susan Laracy filed a petition for compensation under the National Vaccine Injury Compensation Program on July 1, 2020, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on November 28, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 5, 2021, conceding that Ms. Laracy was entitled to compensation. The respondent determined that Ms. Laracy satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and agreed that she met all legal prerequisites for compensation under the Vaccine Act. On November 10, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Laracy entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on December 14, 2021, Chief Special Master Corcoran issued a decision awarding damages. The respondent had proffered an award of $51,012.82, which included $50,000.00 for pain and suffering and $1,012.82 for past unreimbursable out-of-pocket expenses. Ms. Laracy agreed to this proffered award. Chief Special Master Corcoran found that Ms. Laracy was entitled to the award as stated in the proffer and awarded a lump sum payment of $51,012.82, payable by check to Ms. Laracy, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Althea Walker Davis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond its classification as SIRVA. Theory of causation field: Susan Laracy filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on November 28, 2017. The respondent conceded entitlement, determining the injury met the criteria for SIRVA on the Vaccine Injury Table. A ruling on entitlement was issued on November 10, 2021, by Chief Special Master Brian H. Corcoran. A decision awarding damages was issued on December 14, 2021. The respondent proffered an award of $51,012.82 ($50,000.00 for pain and suffering, $1,012.82 for past unreimbursable out-of-pocket expenses), which Petitioner agreed to. The Special Master awarded the proffered sum. Petitioner was represented by Paul R. Brazil (Muller Brazil, LLP), and Respondent was represented by Althea Walker Davis (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00800-0 Date issued/filed: 2021-12-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2021) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00800-UNJ Document 34 Filed 12/13/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-800V UNPUBLISHED SUSAN LARACY, Chief Special Master Corcoran Petitioner, Filed: November 10, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 1, 2020, Susan Laracy 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 sustained a shoulder injury related to vaccine administration (“SIRVA”) caused by an influenza vaccine administered on November 28, 2017. Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no compensation in the form of a civil award or settlement for Petitioner’s injuries. Petition at 2-3. 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-00800-UNJ Document 34 Filed 12/13/21 Page 2 of 2 On November 5, 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 and Proffer on Damages at 1. Specifically, Respondent has determined that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualification and Aids to Interpretation for a SIRVA. Id. at 6. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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-00800-1 Date issued/filed: 2021-12-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/10/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00800-UNJ Document 35 Filed 12/14/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-800V UNPUBLISHED SUSAN LARACY, Chief Special Master Corcoran Petitioner, Filed: November 10, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 1, 2020, Susan Laracy 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 she sustained a shoulder injury related to vaccine administration (“SIRVA”) caused by an influenza vaccine administered on November 28, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 10, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On November 5, 2021, Respondent filed Respondent’s Rule 4(c) Report and Proffer on Damages (“Proffer”) indicating Petitioner should be awarded $51,012.82 (comprised of $50,000.00 for pain and suffering and $1,012.82 for past unriembursable out-of-pocket expenses). Proffer at 6. In the Proffer, 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-00800-UNJ Document 35 Filed 12/14/21 Page 2 of 2 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 Proffer, I award Petitioner a lump sum payment of $51,012.82 (comprised of $50,000.00 for pain and suffering and $1,012.82 for past unreimbursable out-of-pocket 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