VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01146 Package ID: USCOURTS-cofc-1_20-vv-01146 Petitioner: K.F. Filed: 2020-09-04 Decided: 2022-02-07 Vaccine: influenza Vaccination date: 2017-10-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 129977 AI-assisted case summary: K.F. filed a petition for compensation under the National Vaccine Injury Compensation Program on September 4, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 12, 2017. The respondent conceded that K.F. met the criteria for a SIRVA under the Vaccine Injury Table and that the statutory six-month sequela requirement was satisfied. A ruling on entitlement was issued on November 19, 2021, finding K.F. entitled to compensation. Subsequently, on January 7, 2022, the respondent filed a proffer recommending an award of $129,977.05, which included $127,500.00 for pain and suffering, $118.54 for unreimbursed expenses, and $2,358.51 for unreimbursed lost wages. K.F. agreed with this proffered award. The Chief Special Master issued a decision awarding K.F. the lump sum of $129,977.05, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01146-0 Date issued/filed: 2022-01-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/19/2021) regarding 39 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01146-UNJ Document 56 Filed 01/20/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1146V UNPUBLISHED K.F., Chief Special Master Corcoran Petitioner, Filed: November 19, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 4, 2020, K.F. 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 (“flu”) vaccine administered to her on October 12, 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, Respondent agrees that “[P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation 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-01146-UNJ Document 56 Filed 01/20/22 Page 2 of 2 (“QAI”) for a [SIRVA]”. Id. at 5. 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-01146-1 Date issued/filed: 2022-02-07 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 01/07/2022) regarding 52 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01146-UNJ Document 57 Filed 02/07/22 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1146V UNPUBLISHED K.F., Chief Special Master Corcoran Petitioner, Filed: January 7, 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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 4, 2020, K.F. 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 (“flu”) vaccine administered to her on October 12, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 19, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 7, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $129,977.05 (comprised of $127,500.00 in pain and suffering, $118.54 in unreimbursed expenses, and $2,358.51 in unreimbursed lost wages). Proffer at 1. In the Proffer, Respondent 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-01146-UNJ Document 57 Filed 02/07/22 Page 2 of 4 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 $129,977.05 (comprised of $127,500.00 in pain suffering, $118.54 in unreimbursed expenses, and $2,358.51 in unreimbursed lost wages) 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-01146-UNJ Document 57 Filed 02/07/22 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS K.F., Petitioner, No. 20-1146V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 4, 2020, K.F. (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to 34 (“Vaccine Act” or “Act”), as amended. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to her on October 12, 2017. On November 12, 2021, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be awarded. On November 19, 2021, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. I. Items of Compensation Respondent proffers that petitioner should be awarded $127,500.00 in pain and suffering damages, $118.54 in unreimbursed expenses, and $2,358.51 in unreimbursed lost wages. See 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 should be made through a Case 1:20-vv-01146-UNJ Document 57 Filed 02/07/22 Page 4 of 4 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 $129,977.05, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, K.F. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, K.F. $129,977.05 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 TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/ Julia M. Collison JULIA M. COLLISON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-0102 Julia.collison@usdoj.gov Dated: January 7, 2022 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 lost earnings and future pain and suffering. 2