VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01253 Package ID: USCOURTS-cofc-1_20-vv-01253 Petitioner: Danielle Horne Filed: 2020-09-23 Decided: 2022-06-24 Vaccine: influenza Vaccination date: 2018-10-18 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Danielle Horne filed a petition for compensation under the National Vaccine Injury Compensation Program on September 23, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 18, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Horne's claim met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 17, 2021, finding Ms. Horne entitled to compensation. Subsequently, on May 23, 2022, the respondent filed a proffer on an award of compensation, which Ms. Horne agreed to. Chief Special Master Corcoran issued a Decision Awarding Damages on June 24, 2022, awarding Ms. Horne a lump sum of $75,000.00 for pain and suffering. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Jamica Marie Littles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The specific mechanism of injury is not detailed in the public decision, other than it being a Table injury for SIRVA. Theory of causation field: Petitioner Danielle Horne alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 18, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. The case was decided based on this concession, with no specific medical experts or detailed causation theories presented in the public record beyond the "Table Injury" designation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 17, 2021, finding Petitioner entitled to compensation. A subsequent Decision Awarding Damages on June 24, 2022, awarded Petitioner a lump sum of $75,000.00 for pain and suffering, as agreed upon in a proffer between Petitioner and Respondent. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP), and Respondent was represented by Jamica M. Littles (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01253-0 Date issued/filed: 2022-01-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/17/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01253-UNJ Document 30 Filed 01/19/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1253V UNPUBLISHED DANIELLE HORNE, Chief Special Master Corcoran Petitioner, v. Filed: December 17, 2021 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Influenza (Flu); Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA). Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 23, 2020, Danielle Horne 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 (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on October 18, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 (ECF No. 27) at 1. Specifically, Respondent concludes that Petitioner’s claim meets the Table criteria for SIRVA. Id. at 9-10 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). 1 Because this unpublished opinion 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 opinion will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioners have 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-01253-UNJ Document 30 Filed 01/19/22 Page 2 of 2 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-01253-1 Date issued/filed: 2022-06-24 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/23/2022) regarding 35 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01253-UNJ Document 39 Filed 06/24/22 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1253V UNPUBLISHED DANIELLE HORNE, Chief Special Master Corcoran Petitioner, v. Filed: May 23, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Damages Decision based on Proffer; Influenza (Flu); Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA). Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 23, 2020, Danielle Horne 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 (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on October 18, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 17, 2021, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a Table SIRVA. On May 23, 2022, Respondent filed a proffer on an award of compensation (“Proffer”). In the Proffer, Respondent represented that 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-01253-UNJ Document 39 Filed 06/24/22 Page 2 of 4 Petitioner agrees with the proffered award. 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 the following compensation: A lump sum of $75,000.00 (for pain and suffering) 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-01253-UNJ Document 39 Filed 06/24/22 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) DANIELLE HORNE, ) ) Petitioner, ) ) No. 20-1253V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 23, 2020, Danielle Horne (“petitioner”) filed a petition for compensation 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 defined in the Vaccine Injury Table, following her receipt of an influenza (“flu”) vaccination in her left shoulder on October 18, 2018. See Petition (“Pet.”) at 1; Exhibit (“Ex.”) 1 at 13, 17-18. 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 for a SIRVA Table injury, and on the same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 27-29. I. Type of Compensation Respondent proffers that petitioner should be awarded $75,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:20-vv-01253-UNJ Document 39 Filed 06/24/22 Page 4 of 4 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $75,000.00, in the form of a check payable to petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Danielle Horne: $75,000.00 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/ Jamica M. Littles JAMICA M. LITTLES 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) 305-4014 Fax: (202) 616-4310 E-mail: jamica.m.littles@usdoj.gov DATED: May 23, 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