VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01534 Package ID: USCOURTS-cofc-1_20-vv-01534 Petitioner: Maria Dasilveira Filed: 2020-11-05 Decided: 2023-06-27 Vaccine: influenza Vaccination date: 2019-10-16 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 111586 AI-assisted case summary: Maria Dasilveira filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 16, 2019. The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, noting that she had no prior history of shoulder issues, the onset of pain was within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Petitioner satisfied the statutory severity requirement by suffering residual effects for more than six months. A ruling on entitlement was issued on April 25, 2023, finding Petitioner entitled to compensation. Subsequently, on May 23, 2023, the respondent filed a proffer on award of compensation, which Petitioner agreed to. The court awarded a total of $111,586.41, comprising $105,000.00 for pain and suffering, $95.70 for past unreimbursable expenses, and $6,490.71 to satisfy a Massachusetts Medicaid lien. The award was made in the form of two lump sum payments. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01534-0 Date issued/filed: 2023-05-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2023) regarding 45 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01534-UNJ Document 54 Filed 05/26/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1534V UNPUBLISHED MARIA DASILVEIRA, Chief Special Master Corcoran Petitioner, Filed: April 25, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 5, 2020, Maria Dasilveira 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 as a result of an influenza vaccination she received on October 1, 2019. Amended Petition at 1. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at ¶32. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 21, 2023, 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 “Petitioner’s claim meets the Table criteria for SIRVA. 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-01534-UNJ Document 54 Filed 05/26/23 Page 2 of 2 Specifically, Petitioner had no history of pain, inflammation, or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she more likely than not suffered the onset of pain within forty-eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that would explain Petitioner’s symptoms.” Id. at 7. Respondent further agrees that “the records show that this case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” 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-01534-1 Date issued/filed: 2023-06-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/24/2023) regarding 50 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01534-UNJ Document 55 Filed 06/27/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1534V UNPUBLISHED MARIA DASILVEIRA, Chief Special Master Corcoran Petitioner, Filed: May 24, 2023 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. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 5, 2020, Maria Dasilveira 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 as a result of an influenza vaccination she received on October 16, 2019. Amended Petition at ¶1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On May 23, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $105,095.70 (representing $105,000.00 in pain and suffering and $95.70 in past unreimbursable expenses) plus $6,490.71 to satisfy a Massachusetts Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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-01534-UNJ Document 55 Filed 06/27/23 Page 2 of 5 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: 1. A lump sum payment of $105,095.70 (representing $105,000.00 in pain and suffering and $95.70 in unreimbursable expenses) in the form of a check payable to Petitioner. 2. A lump sum payment of $6,490.71, for satisfaction of a Commonwealth of Massachusetts Medicaid lien, in the form a check payable jointly to Petitioner and Commonwealth of MA- EOHHS, Casualty Recovery, P.O. Box 417811, Boston, MA 02241-7811. These amounts represent 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-01534-UNJ Document 55 Filed 06/27/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARIA DASILVEIRA, Petitioner, v. No. 20-1534V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 5, 2020, Maria Dasilveira (“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”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine that she received on October 16, 2019. ECF No. 1 at 1. On April 21, 2023, respondent filed a Rule 4(c) Report, recommending that compensation be awarded. ECF No. 44. On April 25, 2023, Chief Special Master Corcoran issued a Ruling on Entitlement, agreeing with respondent that petitioner’s claim meets the Table criteria for SIRVA. ECF No. 45. I. Items of Compensation a. Pain and Suffering Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:20-vv-01534-UNJ Document 55 Filed 06/27/23 Page 4 of 5 b. Past Un-reimbursable Expenses Evidence supplied by petitioner documents that she incurred past un-reimbursable expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be awarded past un-reimbursable expenses in the total amount of $95.70. 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 the Commonwealth of Massachusetts Medicaid lien in the amount of $6,490.71, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Massachusetts may have against any individual as a result of any Medicaid payments the Commonwealth of Massachusetts 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 vaccine-related injury suffered on or about October 16, 2019 under Title XIX of the Social Security Act. These amounts represent all elements of compensation to which petitioner is 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 should be made through two lump sum payments as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following: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-01534-UNJ Document 55 Filed 06/27/23 Page 5 of 5 a. A lump sum payment of $105,095.70, in the form of a check payable to petitioner; and b. A lump sum payment of $6,490.71, representing compensation for the satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable jointly to petitioner and: Commonwealth of MA – EOHHS Casualty Recovery PO Box 417811 Boston, MA 02241-7811 Petitioner agrees to endorse the check to the above payee for satisfaction of the Medicaid lien. 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 ALEXIS BABCOCK Assistant Director Torts Branch, Civil Division /s/ Joseph Leavitt JOSEPH D. LEAVITT 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) 616-0515 Email: joseph.leavitt@usdoj.gov Dated: May 23, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01534-cl-extra-10736165 Date issued/filed: 2024-02-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269575 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1534V MARIA DASILVEIRA, Chief Special Master Corcoran Petitioner, v. Filed: January 17, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 5, 2020, Maria Dasilveira 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 as a result of an influenza vaccination she received on October 16, 2019. Petition, ECF No. 1. On May 24, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 50. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $27,261.64 (representing $25,942.70 in fees plus $1,318.94 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Oct. 26, 2023, ECF No. 56. In accordance with General Order No. 9, Petitioner filed a signed statement representing that Petitioner incurred $3.80 in out-of-pocket expenses. ECF No. 57. Respondent reacted to the motion on Oct. 31, 2023, reporting that he defers resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 58. Petitioner did not file a reply thereafter. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. Motion at 26-42. Respondent offered no specific objection to the rates or amounts sought. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. Accordingly, Petitioner is awarded the total amount of $27,265.44 3 as follows: • A lump sum of $27,261.64, representing reimbursement for fees and costs, in the form of a check payable jointly to Petitioner and Petitioner’s counsel and; • A lump sum of $3.80, representing reimbursement for Petitioner’s costs, in the form of a check payable to Petitioner. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall enter judgment in accordance with this Decision. 4 3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all charges by the attorney against a client, “advanced costs” as well as f ees f or legal services rendered. Furthermore, § 15(e)(3) prevents an attorney from charging or collecting fees (including costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y of Health & Human Servs., 924 F.2d 1029 (Fed. Cir.1991). 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3