VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01226 Package ID: USCOURTS-cofc-1_20-vv-01226 Petitioner: Charlie Dee Mason Filed: 2020-09-18 Decided: 2022-12-27 Vaccine: influenza Vaccination date: 2019-10-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 102309 AI-assisted case summary: Charlie Dee Mason filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 30, 2019. The petition stated that the vaccine was administered in the United States, that her injury effects lasted more than six months, and that she had not received prior compensation. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, having satisfied the criteria in the Vaccine Injury Table for SIRVA. Based on this concession and the evidence, entitlement was granted. Subsequently, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $92,500.00 for pain and suffering and $9,809.35 for past unreimbursable expenses, totaling $102,309.35. A portion of the past unreimbursable expenses, $7,999.65, was for a debt to Cone Health Systems and was to be paid jointly to Petitioner and Healthcare Receivables Group. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding Petitioner the total amount of $102,309.35, with a portion to be paid jointly for a debt. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01226-0 Date issued/filed: 2022-05-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/15/2022) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01226-UNJ Document 43 Filed 05/23/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1226V UNPUBLISHED CHARLIE DEE MASON, Chief Special Master Corcoran Petitioner, Filed: April 15, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 18, 2020, Charlie Dee Mason 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 30, 2019. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she has suffered from the effects of her injury for more than six months, and that neither Petitioner, no any other party, has received compensation in the form of an award due to her injury. Petition at 1, 4. 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-01226-UNJ Document 43 Filed 05/23/22 Page 2 of 2 On April 12, 2022, 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 has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA. Id. at 5. 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-01226-1 Date issued/filed: 2022-12-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/14/2022) regarding 53 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01226-UNJ Document 57 Filed 12/27/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1226V UNPUBLISHED CHARLIE DEE MASON, Chief Special Master Corcoran Petitioner, Filed: November 14, 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) Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 18, 2020, Charlie Dee Mason 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 vaccination administered on October 30, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 15, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On November 9, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $92,500.00 for pain and suffering and $9,809.35 for past unreimbursable expenses. Proffer at 2-3. Respondent also proffered that $7,999.65 of the proffered compensation for past 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-01226-UNJ Document 57 Filed 12/27/22 Page 2 of 5 unreimbursable expenses is for a debt incurred to Cone Health Systems, and should be made jointly payable to Petitioner and Healthcare Receivables Group, the debt collector seeking payment on behalf of Cone Health Systems. Id. 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 Petitioner: A. a lump sum payment of $94,309.70 in the form of a check payable to petitioner, Charlie Dee Mason; and B. A lump sum payment of $7,999.65 in satisfaction of her debt to Healthcare Receivables Group, in the form of a check payable jointly to petitioner3 and to: Healthcare Receivables Group P.O. Box 10168 Knoxville, TN 37939-0168 The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Petitioner agrees to endorse this payment to Healthcare Receivables Group. 4 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-01226-UNJ Document 57 Filed 12/27/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) CHARLIE DEE MASON, ) ) Petitioner, ) ) No. 20-1226VECF v. ) Chief Special Master Brian H. Corcoran ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION On April 12, 2022, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. Accordingly, on April 15, 2022, the Chief Special Master issued a Ruling on Entitlement. I. Items of Compensation A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $92,500.00 for pain and suffering, in the form of a check payable to petitioner. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable 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 past unreimbursable expenses in the amount of $9,809.35. See 42 U.S.C. § 300aa- 15(a)(1)(B). $7,999.65 of the proffered compensation for past unreimbursable expenses is for petitioner’s debt incurred for a right shoulder operation and a check in this amount should be Case 1:20-vv-01226-UNJ Document 57 Filed 12/27/22 Page 4 of 5 made jointly payable to petitioner and Healthcare Receivables Group, the debt collector seeking payment of this debt on behalf of Cone Health System. 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. The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:1 A. A lump sum payment of $94,309.70 in the form of a check payable to petitioner; and B. A lump sum payment of $7,999.65 in the form of a check payable jointly to petitioner and: Healthcare Receivables Group P.O. Box 10168 Knoxville, TN 37939-0168 Petitioner agrees to endorse the check for satisfaction of her debt to Healthcare Receivables Group. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Charlie Dee Mason: $94,309.70 Lump sum payable to petitioner, Charlie Dee Mason, $7,999.65 and Health Receivables Group: 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 medical expenses, future pain and suffering, and future lost wages. 2 Case 1:20-vv-01226-UNJ Document 57 Filed 12/27/22 Page 5 of 5 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 s/ James V. Lopez James V. Lopez Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3655 Fax: (202) 616-4310 Email: james.lopez@usdoj.gov Date: November 9, 2022 3