VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01673 Package ID: USCOURTS-cofc-1_20-vv-01673 Petitioner: Nina Watkins Filed: 2020-11-24 Decided: 2022-06-30 Vaccine: influenza Vaccination date: 2018-02-03 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52500 AI-assisted case summary: Nina Watkins filed a petition for compensation on November 24, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on February 3, 2018. The respondent, represented by Jennifer A. Shah of the U.S. Department of Justice, conceded entitlement to compensation. In a ruling issued on April 4, 2022, Chief Special Master Brian H. Corcoran found that the petitioner met the criteria for a Table SIRVA, including onset of pain within 48 hours of vaccination, no prior history of shoulder pain or dysfunction, and residual effects lasting more than six months. Subsequently, on May 27, 2022, the respondent filed a proffer on an award of compensation, which the petitioner agreed to. Chief Special Master Corcoran issued a decision on May 27, 2022, awarding Nina Watkins a lump sum of $52,500.00 for pain and suffering. The public decision does not describe the specific onset symptoms, medical tests, or treatments. Paul R. Brazil of Muller Brazil, LLP, represented the petitioner. Theory of causation field: Nina Watkins filed a petition alleging a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on February 3, 2018. The respondent conceded entitlement, agreeing that the injury met the criteria for a Table SIRVA, which requires onset of pain within 48 hours of vaccination, no prior shoulder pain or dysfunction, and residual effects lasting more than six months. The public text does not detail the specific mechanism of injury or name any experts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 4, 2022, and a decision awarding damages on May 27, 2022. The award was a lump sum of $52,500.00 for pain and suffering, agreed to by both parties. Petitioner counsel was Paul R. Brazil, and respondent counsel was Jennifer A. Shah. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01673-0 Date issued/filed: 2022-05-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/04/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01673-UNJ Document 29 Filed 05/19/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1673V UNPUBLISHED NINA WATKINS, Chief Special Master Corcoran Petitioner, Filed: April 4, 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 24, 2020, Nina Watkins 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 right shoulder injury related to vaccine administration (SIRVA) following an influenza (“flu”) vaccination received on February 3, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 4, 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, it is Respondent’s position that Petitioner has satisfied the criteria set forth in the Table and Qualifications and Aids to Interpretation for a right SRVA, which requires 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-01673-UNJ Document 29 Filed 05/19/22 Page 2 of 2 onset of pain within 48 hours of vaccination and no history of pain, inflammation, or dysfunction of the affected shoulder prior to vaccine; pain and reduced range of motion limited to the shoulder in which the vaccine was administered and no other condition or abnormality that could explain Petitioner’s symptoms. Id. at 4-5. Respondent further agrees that Petitioner experienced the residual effects of her injury for more than six months after vaccination. 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-01673-1 Date issued/filed: 2022-06-30 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/27/2022) regarding 31 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01673-UNJ Document 35 Filed 06/30/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1673V UNPUBLISHED NINA WATKINS, Chief Special Master Corcoran Petitioner, Filed: May 27, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision based on Proffer; HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 24, 2020, Nina Watkins 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 right shoulder injury related to vaccine administration (SIRVA) following an influenza (“flu”) vaccination received on February 3, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 4, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a Table SIRVA. On May 27, 2022, Respondent filed a proffer on an award of compensation (“Proffer”). In the Proffer, Respondent represented that Petitioner 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-01673-UNJ Document 35 Filed 06/30/22 Page 2 of 5 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 $52,500.00 (consisting entirely of compensation for pain and suffering). 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. Case 1:20-vv-01673-UNJ Document 35 Filed 06/30/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS NINA WATKINS, Petitioner, No. 20-1673V Chief Special Master Corcoran v. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 24, 2020, Nina Watkins (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to –34, as amended (“Vaccine Act” or “Act”). Petitioner alleges that she suffered a right Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on February 3, 2018. Petition at 1. On April 4, 2022, respondent filed his Vaccine Rule 4(c) report, recommending that compensation be awarded. ECF No. 25. The same day, this Court issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 26. I. Items of Compensation Respondent proffers that petitioner should be awarded $52,500.00, consisting entirely of compensation for pain and suffering. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:20-vv-01673-UNJ Document 35 Filed 06/30/22 Page 4 of 5 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 a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $52,500.00, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Nina Watkins. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Nina Watkins: $52,500.00. Respectfully submitted, BRIAN 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 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-01673-UNJ Document 35 Filed 06/30/22 Page 5 of 5 s/ Jennifer A. Shah Jennifer A. Shah 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) 305-2181 Jennifer.shah@usdoj.gov Dated: May 27, 2022 3