VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01264 Package ID: USCOURTS-cofc-1_20-vv-01264 Petitioner: Sonya Elfar Filed: 2020-09-24 Decided: 2022-04-08 Vaccine: influenza Vaccination date: 2017-09-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Sonya Elfar filed a petition for compensation under the National Vaccine Injury Compensation Program on September 24, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 25, 2017. The case was assigned to the Special Processing Unit. On February 8, 2022, the Respondent filed a report conceding that Ms. Elfar was entitled to compensation. The Respondent stated that her medical course was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. On February 11, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms. Elfar entitled to compensation. Subsequently, on March 3, 2022, the Respondent filed a proffer recommending an award of $80,000.00 for pain and suffering, which Ms. Elfar agreed to. On April 8, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Elfar a lump sum payment of $80,000.00 for pain and suffering, payable by check to Petitioner. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Andrew Henning. Theory of causation field: Petitioner Sonya Elfar alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 25, 2017. The Respondent conceded entitlement, stating Petitioner's medical course was consistent with SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. A ruling on entitlement was issued on February 11, 2022, by Chief Special Master Brian H. Corcoran. A stipulation and proffer filed on March 3, 2022, recommended an award of $80,000.00 for pain and suffering, which Petitioner agreed to. The final decision on April 8, 2022, awarded Petitioner a lump sum of $80,000.00 for pain and suffering. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Andrew Henning. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01264-0 Date issued/filed: 2022-03-14 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/11/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01264-UNJ Document 34 Filed 03/14/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1264V UNPUBLISHED SONYA ELFAR, Chief Special Master Corcoran Petitioner, Filed: February 11, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On September 24, 2020, Sonya Elfar 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 that was administered to her on September 25, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 8, 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 states that “[P]etitioner’s medical course is consistent with 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-01264-UNJ Document 34 Filed 03/14/22 Page 2 of 2 SIRVA as defined by the Vaccine Injury Table.” Id. at 9. Respondent further agrees that Petitioner suffered the residual effects of her injury for more than six months. 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-01264-1 Date issued/filed: 2022-04-08 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/04/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01264-UNJ Document 35 Filed 04/08/22 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1264V UNPUBLISHED SONYA ELFAR, Chief Special Master Corcoran Petitioner, Filed: March 4, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 24, 2020, Sonya Elfar 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 that was administered to her on September 25, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 11, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 3, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $80,000.00 (for pain and suffering). Proffer at 1. 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-01264-UNJ Document 35 Filed 04/08/22 Page 2 of 4 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 $80,000.00 (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-01264-UNJ Document 35 Filed 04/08/22 Page 3 of 4 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SONYA ELFAR, Petitioner, v. No. 20-1264V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND SPU HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 8, 2022, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 25. Thereafter, on February 11, 2022, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No. 26. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $80,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 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-01264-UNJ Document 35 Filed 04/08/22 Page 4 of 4 II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $80,000.00, in the form of a check payable to petitioner. Petitioner agrees. 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Andrew J. Henning ANDREW J. HENNING 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) 616-4405 Email: andrew.j.henning@usdoj.gov DATED: March 3, 2022 2