VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01707 Package ID: USCOURTS-cofc-1_20-vv-01707 Petitioner: Teresa Davis Filed: 2020-11-30 Decided: 2023-07-28 Vaccine: influenza Vaccination date: 2019-09-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52540 AI-assisted case summary: Teresa Davis 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 September 21, 2019. She further alleged that she suffered the residual effects of her injury for more than six months after the vaccination. The respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, concluding that she suffered a Table injury of left SIRVA and satisfied all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued finding Petitioner entitled to compensation. The respondent then filed a Proffer on award of compensation, indicating Petitioner should be awarded $52,540.09, which included $52,500.00 for pain and suffering and $40.09 for past unreimbursed expenses. Petitioner agreed with the proffered award. The court awarded Petitioner a lump sum payment of $52,540.09, representing compensation for all damages available under Section 15(a). Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01707-0 Date issued/filed: 2022-12-05 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/14/2022) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01707-UNJ Document 37 Filed 12/05/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1707V UNPUBLISHED TERESA DAVIS, Chief Special Master Corcoran Petitioner, Filed: October 14, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 30, 2020, Teresa Davis 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 vaccination she received on September 21, 2019. Amended Petition at 1. Petitioner further alleges that she “suffered the residual effects of her injury for more than six months after the administration of the flu vaccine.” Petition at ¶13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 14, 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 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-01707-UNJ Document 37 Filed 12/05/22 Page 2 of 2 1. Specifically, Respondent states that “DICP concluded that Petitioner suffered a Table injury of left SIRVA.” Id. at 5. Respondent further agrees that “Petitioner has satisfied all legal prerequisites for compensation under the Act.” 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-01707-1 Date issued/filed: 2023-07-28 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 06/28/2023) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01707-UNJ Document 48 Filed 07/28/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1707V TERESA DAVIS, Chief Special Master Corcoran Petitioner, Filed: June 28, 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. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 30, 2020, Teresa Davis (“Petitioner”) 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”) resulting from adverse effects of an influenza (“flu”) vaccine she received on September 21, 2019. Pet. at 1, ECF No. 1. Petitioner further alleges that the vaccine was received in the United States, she suffered sequela of her injury for more than six months, and neither Petitioner nor any other party has ever received compensation in the form of an award or settlement for her vaccine- related injury. Id. at 2. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 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 (2018). Case 1:20-vv-01707-UNJ Document 48 Filed 07/28/23 Page 2 of 4 On October 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. ECF No. 34. On June 27, 2023, R espondent filed a Proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $52,540.09. Proffer at 1, ECF No. 43. 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 lump sum payment of $52,540.09, which includes $52,500.00 for pain and suffering and $40.09 for past unreimbursed expenses, 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-01707-UNJ Document 48 Filed 07/28/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) TERESA DAVIS, ) ) Petitioner, ) ) No. 20-1707V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF DAMAGES On October 14, 2022, the Secretary of Health and Human Services (“respondent”) filed his Rule 4(c) report recommending compensation in this matter alleging a Shoulder Injury Related to Vaccine Administration following an influenza vaccination. The same day, the Court issued a Ruling on Entitlement finding petitioner Teresa Davis entitled to Vaccine Act compensation. Respondent now proffers that petitioner receive a compensation award consisting of a lump sum of $52,540.09, which amount includes $52,500.00 for pain and suffering and $40.09 for past unreimbursed expenses, in the form of a check payable to petitioner, Teresa Davis.1 This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.2 Petitioner agrees with the proffered award of $52,540.09.3 1 Petitioner is a competent adult. No guardianship is required. 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 3 This proffer does not include any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e). Case 1:20-vv-01707-UNJ Document 48 Filed 07/28/23 Page 4 of 4 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/Voris E. Johnson, Jr. VORIS E. JOHNSON, JR. Senior Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct Dial: 202-616-3667 Email: Voris.Johnson@usdoj.gov Date: June 27, 2023 2 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01707-cl-extra-10735627 Date issued/filed: 2024-04-15 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269037 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1707V TERESA DAVIS, Chief Special Master Corcoran Petitioner, v. Filed: March 14, 2024 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs Respondent. Ronald Craig Homer, Conway, Homer, PC, Boston, MA, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 30, 2020, Teresa Davis (“Petitioner”) 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”) resulting from adverse effects of an influenza (“flu”) vaccine she received on September 21, 2019. Pet. at 1, ECF No. 1. On June 28, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 44. 1Because 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 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 (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $20,311.45 (representing $19,403.90 in fees plus $907.55 in costs). Petitioner’s Final Motion for Attorney Fees and Cost (“Motion”) filed Dec. 28, 2023, ECF No. 49. In accordance with General Order No. 9, Petitioner filed a signed statement indicating that she incurred no out-of-pocket expenses. ECF No. 50. Respondent reacted to the motion on January 2, 2024, indicating that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 51. Petitioner filed no reply. 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 20 - 34. 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. I award a total of $20,311.45 (representing $19,403.90 in fees plus $907.55 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Ronald Craig Homer. 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. 3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2