VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01165 Package ID: USCOURTS-cofc-1_20-vv-01165 Petitioner: Holly Reynolds Filed: 2021-12-20 Decided: 2022-06-21 Vaccine: Tdap Vaccination date: 2018-10-24 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100359 AI-assisted case summary: Holly Reynolds filed a petition for compensation under the National Vaccine Injury Compensation Program on September 9, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus, Diphtheria, and Acellular Pertussis (Tdap) vaccine on October 24, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 17, 2021, conceding that Ms. Reynolds satisfied the criteria for a SIRVA injury from the Tdap vaccine and met all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 20, 2021, finding Ms. Reynolds entitled to compensation. Subsequently, on May 4, 2022, the respondent filed a proffer recommending an award of $100,359.40. This amount included $100,000.00 for pain and suffering, $264.00 for past unreimbursable expenses, and $95.40 to satisfy a State of Oregon Medicaid lien. Ms. Reynolds, who is a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a decision on June 21, 2022, awarding the full proffered amount. The award consisted of a lump sum payment of $100,264.00 payable to Ms. Reynolds, and a separate lump sum payment of $95.40 payable jointly to Ms. Reynolds and the State of Oregon ODHS/Personal Injury Liens for satisfaction of the Medicaid lien. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA. Theory of causation field: Petitioner Holly Reynolds alleged a left shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on October 24, 2018. Respondent conceded that Petitioner met the criteria for a SIRVA injury as a Table Injury and satisfied all legal prerequisites for compensation. The theory of causation relies on the Vaccine Injury Table for SIRVA. No specific medical experts were named in the provided text. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 20, 2021, and a decision awarding damages on June 21, 2022. The award totaled $100,359.40, comprising $100,000.00 for pain and suffering, $264.00 for past unreimbursable expenses, and $95.40 to satisfy a State of Oregon Medicaid lien. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP) and Respondent by Alexa Roggenkamp (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01165-0 Date issued/filed: 2022-01-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/20/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01165-UNJ Document 30 Filed 01/19/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1165V UNPUBLISHED HOLLY REYNOLDS, Chief Special Master Corcoran Petitioner, Filed: December 20, 2021 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 9, 2020, Holly Reynolds 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 left shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, after receiving the tetanus, diphtheria, and pertussis (“Tdap”) vaccine on October 24, 2018. Petition at 1, ¶ 2. Petitioner further alleges she received the vaccine in the United States, that she continues to suffer the residual effects of her SIRVA more than six months post-vaccination, and that neither she nor any other person has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 2, 9-11. 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-01165-UNJ Document 30 Filed 01/19/22 Page 2 of 2 On December 17, 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 has indicated “it is [his] position that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for a SIRVA injury from her Tdap vaccine.” Id. at 8. Respondent further agrees that “based on the current record, [P]etitioner has satisfied all legal prerequisites for compensation under the 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-01165-1 Date issued/filed: 2022-06-21 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/11/2022) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01165-UNJ Document 48 Filed 06/21/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1165V UNPUBLISHED HOLLY REYNOLDS, Chief Special Master Corcoran Petitioner, Filed: May 11, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 9, 2020, Holly Reynolds 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 left shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, after receiving the tetanus, diphtheria, and pertussis (“Tdap”) vaccine on October 24, 2018. Petition at 1, ¶ 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 20, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On May 4, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $100,359.40, representing compensation in the amount of $100,000.00 for her actual pain and 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-01165-UNJ Document 48 Filed 06/21/22 Page 2 of 5 suffering, $264.00 for her past unreimbursable expenses, and $95.40 for satisfaction of the State of Oregon Medicaid lien. Proffer at 1-2. 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 $100,359.40 as follows: 1. A lump sum payment of $100,264.00, representing $100,000.00 for her actual pain and suffering and $264.00 for her actual unreimbursable expenses in the form of a check payable to Petitioner; and 2. A lump sum payment of $95.40, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Oregon, in the form of a check payable jointly to Petitioner and to: ODHS/Personal Injury Liens # 503109 PO Box 14512 Salem, OR 97309 Proffer at 2-3. Petitioner agrees to endorse the check to Personal Injury Liens Unit (PIL) for satisfaction of the Medicaid lien. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. 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-01165-UNJ Document 48 Filed 06/21/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS HOLLY REYNOLDS, Petitioner, No. 20-1165V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S REVISED PROFFER ON AWARD OF COMPENSATION On September 9, 2020, Holly Reynolds (“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, alleging that she suffered a shoulder injury related to vaccine administration (“SIRVA”) in her left shoulder as a result of a Tetanus, Diphtheria, and Acellular Pertussis (“Tdap”) vaccine administered on October 24, 2018. Petition (“Pet.”) at 1. On December 17, 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 on December 20, 2021. ECF No. 26; ECF No. 28. I. Items of Compensation A. Pain and Suffering Respondent proffers that Holly Reynolds should be awarded $100,000.00 in actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:20-vv-01165-UNJ Document 48 Filed 06/21/22 Page 4 of 5 B. Past, Unreimbursible Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded $264.00 in past, unreimbursible expenses. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy a State of Oregon Medicaid lien in the amount of $95.40, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Oregon may have against any individual as a result of any Medicaid payments the State of Oregon has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about October 24, 2018, under Title XIX of the Social Security Act. The above amounts represent all elements of compensation to which petitioner would be entitled under 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 be made through two lump sum payments as described below: 1) A lump sum payment of $100,264.00 in the form of a check payable to petitioner.1 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 Case 1:20-vv-01165-UNJ Document 48 Filed 06/21/22 Page 5 of 5 2) A lump sum payment of $95.40, representing compensation for satisfaction of the State of Oregon Medicaid lien, payable jointly to petitioner and to: ODHS/Personal Injury Liens # 503109 PO Box 14512 Salem, OR 97309 Petitioner agrees to endorse this payment to Personal Injury Liens Unit (PIL) for satisfaction of the Medicaid lien. 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 ALEXIS B. BABCOCK 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: May 4, 2022 3