VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01795 Package ID: USCOURTS-cofc-1_20-vv-01795 Petitioner: Amanda DeCook Filed: 2020-12-08 Decided: 2023-01-11 Vaccine: influenza Vaccination date: 2019-10-16 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Amanda DeCook filed a petition on December 8, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 16, 2019 influenza vaccination. She stated the vaccine was administered in the United States, she suffered residual effects for more than six months, and had no prior award or settlement. Respondent conceded entitlement, agreeing that her left shoulder injury was consistent with SIRVA, noting no prior history of shoulder issues, pain within 48 hours post-vaccination, pain limited to the vaccinated shoulder, and no other identified cause. Respondent also agreed she suffered residual effects for more than six months. A ruling on entitlement was issued on December 9, 2022, finding her entitled to compensation. Subsequently, on January 11, 2023, a damages decision was issued, awarding Amanda DeCook a lump sum of $115,000.00 based on a proffer agreed to by both parties. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01795-0 Date issued/filed: 2023-01-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/09/2022) regarding 35 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01795-UNJ Document 40 Filed 01/11/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1795V UNPUBLISHED AMANDA DECOOK, Chief Special Master Corcoran Petitioner, Filed: December 9, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Heather Varney Menezes, Shaheen & Gordon, PA, Manchester, MA, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 8, 2020, Amanda DeCook 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 that she suffered a Table Injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of her October 16, 2019 influneza (“flu”) vaccination. Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. See Petition at ¶¶ 2-3, 19-20 . The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01795-UNJ Document 40 Filed 01/11/23 Page 2 of 2 On December 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 Recommending Entitlement and Proffer of Damages at 1. Specifically, Respondent indicates that he has has reviewed the petition and medical records filed in this case, and respondent has concluded that compensation is appropriate in this case. DICP concluded that petitioner’s left shoulder injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of her left shoulder that would explain her post-vaccination symptoms; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain. Id. at 6 (citing 42 C.F.R. § 100.3(a), (c)(10)) (footnote omitted). Respondent further agrees that “based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months.” Id. (citing §§ 11(c)(1)(D)(i), 13(a)(1)(B)). 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-01795-1 Date issued/filed: 2023-01-12 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/09/2022) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01795-UNJ Document 41 Filed 01/12/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1795V UNPUBLISHED AMANDA DECOOK, Chief Special Master Corcoran Petitioner, Filed: December 9, 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) Heather Varney Menezes, Shaheen & Gordon, PA, Manchester, MA, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 8, 2020, Amanda DeCook 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 Table Injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of her October 16, 2019 influneza (“flu”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 9, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On December 8, 2022, Respondent filed a Rule 4(c) Report Recommending Entitlement and Proffer of Damages (“Proffer”) indicating Petitioner should be awarded $115,000.00. Proffer at 6-7. 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. 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-01795-UNJ Document 41 Filed 01/12/23 Page 2 of 2 Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $115,000.00 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