VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00880 Package ID: USCOURTS-cofc-1_20-vv-00880 Petitioner: Jasmine Dede Filed: 2020-07-20 Decided: 2022-03-01 Vaccine: influenza Vaccination date: 2017-11-21 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Jasmine Dede filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2020, alleging a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 21, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The respondent noted that Ms. Dede had no prior history of right shoulder issues, her pain began within 48 hours of the vaccination, the pain was localized to the injection site, and no other condition could explain the injury. The respondent also agreed that the statutory six-month sequela requirement was met. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 12, 2021, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on January 6, 2022, the parties submitted a proffer on damages. The respondent proffered an award of $50,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a Decision on Damages on March 1, 2022, awarding Ms. Dede a lump sum payment of $50,000.00, representing all elements of compensation available under the Act. The award was to be made via a check payable to Jasmine Dede. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. Theory of causation field: Petitioner Jasmine Dede alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) in her right shoulder following an influenza vaccine administered on November 21, 2017. The Respondent conceded entitlement, noting no prior right shoulder history, onset of pain within 48 hours of vaccination, pain localized to the injection site, and no other identifiable cause. The Respondent also agreed the six-month sequela requirement was met. The case was determined to be a Table Injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 12, 2021, finding Petitioner entitled to compensation. A Proffer on Award of Compensation was filed on January 6, 2022, by Respondent, proposing $50,000.00 for pain and suffering, which Petitioner accepted. Chief Special Master Corcoran issued a Decision on Damages on March 1, 2022, awarding a lump sum of $50,000.00 to Petitioner Jasmine Dede. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP) and Respondent by Alexa Roggenkamp (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00880-0 Date issued/filed: 2021-12-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/12/2021) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00880-UNJ Document 34 Filed 12/13/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0880V UNPUBLISHED JASMINE DEDE, Chief Special Master Corcoran Petitioner, Filed: November 12, 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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 20, 2020, Jasmine Dede 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 right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza (“flu”) vaccine administered on November 21, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 12, 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, the records show that Petitioner had no history of pain, inflammation, or dysfunction of her right shoulder; Petitioner’s pain occurred within 48 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-00880-UNJ Document 34 Filed 12/13/21 Page 2 of 2 hours after receipt of an intramuscular vaccination; Petitioner’s pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain Petitioner’s shoulder pain. Id. at 7. Respondent further agrees that the statutory six-month sequela requirement has been satisfied. 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-00880-1 Date issued/filed: 2022-03-01 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/19/2022) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00880-UNJ Document 41 Filed 03/01/22 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No 20-0880V UNPUBLISHED JASMINE DEDE, Chief Special Master Corcoran Petitioner, v. Filed: January 19, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Damages Decision on Proffer; Concession; Table Injury; Influenza Respondent. (Flu); Shoulder Injury Related to Vaccine Administration (SIRVA). Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On July 20, 2020, Jasmine Dede 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 alleged that she experienced a shoulder injury related to vaccine administration (“SIRVA”) resulting from administration of the influenza (“flu”) vaccine on November 1, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 12, 2021, I issued a ruling that Petitioner was entitled to compensation for her SIRVA. ECF No. 32. On January 6, 2022, Respondent filed a proffer on an award of compensation, to which Petitioner agrees. ECF No. 36 (attached hereto 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-00880-UNJ Document 41 Filed 03/01/22 Page 2 of 4 as Exhibit A). 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 $50,000.00. 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-00880-UNJ Document 41 Filed 03/01/22 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JASMINE DEDE, Petitioner, No. 20-880V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On July 20, 2020, Jasmine Dede (“petitioner”), filed a Petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) in her right shoulder as a result of an influenza (“flu”) vaccine administered on November 21, 2017. On November 12, 2021, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 31; ECF No. 32. I. Items of Compensation Pain and Suffering Respondent proffers that petitioner should be awarded $50,000.00 in actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:20-vv-00880-UNJ Document 41 Filed 03/01/22 Page 4 of 4 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner be made through a lump sum payment as described below: A lump sum payment of $50,000.00, in the form of a check payable to petitioner, Jasmine Dede. 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Alexa Roggenkamp ALEXA ROGGENKAMP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4179 alexa.roggenkamp@usdoj.gov DATED: January 6, 2022 2