VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01097 Package ID: USCOURTS-cofc-1_20-vv-01097 Petitioner: Elenora Plavnik Filed: 2020-08-28 Decided: 2023-11-17 Vaccine: influenza Vaccination date: 2018-10-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 77500 AI-assisted case summary: Elenora Plavnik filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 1, 2018. The respondent, the Secretary of Health and Human Services, conceded that her claim met the Table criteria for SIRVA and that she was entitled to compensation. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on July 18, 2023. Subsequently, on October 16, 2023, the respondent filed a proffer recommending an award of $77,500.00 for pain and suffering, which Elenora Plavnik agreed to. Chief Special Master Corcoran issued a decision awarding this lump sum payment on November 17, 2023. The case proceeded as a Table claim, and the parties stipulated to the damages. Petitioner counsel was Lawrence R. Cohan of Saltz, Mongeluzzi & Bendesky, and respondent counsel was Christine Mary Becer of the U.S. Department of Justice. The award was a lump sum payment of $77,500.00, payable to Petitioner. Theory of causation field: Petitioner Elenora Plavnik alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on October 1, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on July 18, 2023. On October 16, 2023, respondent filed a proffer recommending an award of $77,500.00 for pain and suffering, which petitioner agreed to. Chief Special Master Corcoran issued a decision awarding this lump sum payment on November 17, 2023. The case proceeded as a Table claim. Petitioner counsel was Lawrence R. Cohan, and respondent counsel was Christine Mary Becer. The award was $77,500.00, representing compensation for all damages available under Section 15(a). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01097-0 Date issued/filed: 2023-08-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/18/2023) regarding 43 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01097-UNJ Document 46 Filed 08/18/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1097V ELENORA PLAVNIK, Chief Special Master Corcoran Petitioner, Filed: July 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 28, 2020, Elenora Plavnik (“Petitioner”) 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”) caused by an influenza (“flu”) vaccine administered on October 1, 2018. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that she has received no award or settlement on her behalf for her vaccine-related injury. Petition at 1, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-01097-UNJ Document 46 Filed 08/18/23 Page 2 of 2 On July 14, 2023, 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 Petitioner’s claim meets the Table criteria for a SIRVA. Id. at 7. Respondent further agrees that Petitioner has satisfied the statutory requirements 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-01097-1 Date issued/filed: 2023-11-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/17/2023) regarding 50 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01097-UNJ Document 54 Filed 11/17/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1097V ELENORA PLAVNIK, Chief Special Master Corcoran Petitioner, Filed: October 17, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 28, 2020, Elenora Plavnik 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”) as a result of an influenza vaccine administered on October 1, 2018. Petition at 1, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On October 16, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00 for pain and suffering. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-01097-UNJ Document 54 Filed 11/17/23 Page 2 of 5 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 $77,500.00 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-01097-UNJ Document 54 Filed 11/17/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) ELENORA PLAVNIK, ) ) Petitioner, ) ) No. 20-1097V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On August 28, 2020, Elenora Plavnik (“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 “vaccine-related shoulder injury” as a result of an influenza (“flu”) vaccine administered to her on October 1, 2018. Petition at 1, 4. On July 14, 2023, the Secretary of Health and Human Services (“respondent”) filed a Vaccine Rule 4(c) Report conceding that this case is appropriate for compensation under the terms of the Act for a left-sided Shoulder Injury Related to Vaccine Administration (“SIRVA”) Table injury. ECF No. 41. On July 18, 2023, Chief Special Master Corcoran issued an entitlement ruling in favor of petitioner. See Ruling on Entitlement (ECF No. 43). Case 1:20-vv-01097-UNJ Document 54 Filed 11/17/23 Page 4 of 5 II. Items of Compensation Respondent proffers that petitioner should be awarded $77,500.00 for pain and suffering. This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. 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 should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $77,500.00, in the form of a check payable to petitioner. IV. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Elenora Plavnik: $77,500.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO 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 pain and suffering. 2 Case 1:20-vv-01097-UNJ Document 54 Filed 11/17/23 Page 5 of 5 s/Christine Mary Becer CHRISTINE MARY BECER 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) 616-3665 DATED: October 16, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01097-cl-extra-10736991 Date issued/filed: 2023-11-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270401 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1097V ELENORA PLAVNIK, Chief Special Master Corcoran Petitioner, Filed: October 17, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On August 28, 2020, Elenora Plavnik 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”) as a result of an influenza vaccine administered on October 1, 2018. Petition at 1, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On October 16, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00 for pain and suffering. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). 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 $77,500.00 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) ELENORA PLAVNIK, ) ) Petitioner, ) ) No. 20-1097V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On August 28, 2020, Elenora Plavnik (“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 “vaccine-related shoulder injury” as a result of an influenza (“flu”) vaccine administered to her on October 1, 2018. Petition at 1, 4. On July 14, 2023, the Secretary of Health and Human Services (“respondent”) filed a Vaccine Rule 4(c) Report conceding that this case is appropriate for compensation under the terms of the Act for a left-sided Shoulder Injury Related to Vaccine Administration (“SIRVA”) Table injury. ECF No. 41. On July 18, 2023, Chief Special Master Corcoran issued an entitlement ruling in favor of petitioner. See Ruling on Entitlement (ECF No. 43). II. Items of Compensation Respondent proffers that petitioner should be awarded $77,500.00 for pain and suffering. This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. 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 should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following 1: a lump sum payment of $77,500.00, in the form of a check payable to petitioner. IV. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Elenora Plavnik: $77,500.00 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO 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 pain and suffering. 2 s/Christine Mary Becer CHRISTINE MARY BECER 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) 616-3665 DATED: October 16, 2023 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_20-vv-01097-cl-extra-10734707 Date issued/filed: 2024-07-22 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268117 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1097V ELENORA PLAVNIK, Chief Special Master Corcoran Petitioner, v. Filed: June 12, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 28, 2020, Elenora Plavnik 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 suffered a shoulder injury related to vaccine administration as a result of an influenza vaccine administered on October 1, 2018. On October 17, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 50. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $20,258.67 (representing $19,104.70 in fees plus $1,153.97 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed March 28, 2024, ECF No. 57. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. Motion at 33. Respondent reacted to the motion on March 28, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 57. Petitioner filed no reply thereafter. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations and will therefore be adopted. Petitioner has also requested the hourly rate of $584 for 2024 work performed by attorney Lawrence R. Cohan, representing a rate increase of $31 from the previous year; and the rate of $197 for paralegal work performed by Leah Amen in 2024, ECF No. 56 at 1-2. I find these rates to be reasonable and will award the attorney’s fees requested. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs, Motion at 18-31. And Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $20,258.67 (representing $19,104.70 in fees plus $1,153.97 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Lawrence R. Cohen. In the absence of a timely- filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2