VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01842 Package ID: USCOURTS-cofc-1_20-vv-01842 Petitioner: Eve Bunting-Smith Filed: 2020-12-14 Decided: 2023-01-06 Vaccine: influenza Vaccination date: 2017-12-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 57500 AI-assisted case summary: Eve Bunting-Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on December 14, 2020, alleging that an influenza vaccine she received on December 27, 2017, caused a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner met the criteria for a SIRVA Table injury and that the sequelae of her injury lasted for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 29, 2022, finding Ms. Bunting-Smith entitled to compensation. Subsequently, on December 2, 2022, the respondent filed a proffer on the award of compensation, indicating the petitioner's agreement to the proposed amount. Chief Special Master Corcoran issued a decision on damages on January 6, 2023. The decision awarded Eve Bunting-Smith a lump sum payment of $57,500.00 for pain and suffering, representing all damages available under the Act. The award was to be paid in the form of a check payable to the petitioner. Petitioner was represented by Robert Joel Krakow of the Law Office of Robert J. Krakow, P.C., and respondent was represented by Mitchell Jones of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public record, other than it being a SIRVA Table injury. Theory of causation field: Petitioner Eve Bunting-Smith alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on December 27, 2017. The respondent conceded that the injury met the criteria for a SIRVA Table injury as defined in 42 C.F.R. §§ 100.3(a)(XIV)(B):(10)(i-iv) and that the petitioner suffered the sequelae for more than six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 29, 2022, finding petitioner entitled to compensation based on this concession. A subsequent Decision on Damages was issued on January 6, 2023, awarding a lump sum of $57,500.00 for pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a). The award was made via a check payable to the petitioner. Petitioner was represented by Robert Joel Krakow, and respondent was represented by Mitchell Jones. The public record does not detail specific medical evidence, expert testimony, or a precise mechanism of injury beyond the classification as a Table SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01842-0 Date issued/filed: 2022-09-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/29/2022) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01842-UNJ Document 42 Filed 09/07/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1842V UNPUBLISHED EVE BUNTING-SMITH, Chief Special Master Corcoran Petitioner, v. Filed: July 29, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 14, 2020, Eve Bunting-Smith 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 as a result of an influenza (“flu”) vaccine received on December 27, 2017, she suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 29, 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 agrees that Petitioner has satisfied the criteria set forth in the 6- 7Vaccine Injury Table (the “Table”) and the Qualifications and Aids to Interpretation (“QAI”) for a flu/ SIRVA Table injury. Id. at 4-5 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B): (10)(i- 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-01842-UNJ Document 42 Filed 09/07/22 Page 2 of 2 iv)). Respondent further agrees that Petitioner’s records show that she suffered the sequela of her injury for more than six months after vaccination. 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-01842-1 Date issued/filed: 2023-01-06 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/02/2022) regarding 50 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01842-UNJ Document 54 Filed 01/06/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1842V UNPUBLISHED EVE BUNTING-SMITH, Chief Special Master Corcoran Petitioner, v. Filed: December 2, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Damages Decision Based on Proffer; Influenza (Flu); Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA). Robert Joel Krakow, Law Office of Robert J. Krakow, P.C. New York, NY, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On December 14, 2020, Eve Bunting-Smith 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 as a result of an influenza (“flu”) vaccine received on December 27, 2017, she suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 29, 2022, a ruling on entitlement was issued, finding that Petitioner was entitled to compensation for a Table SIRVA. On December 2, 2022, Respondent filed a proffer on award of compensation, which indicates Petitioner’s agreement to the amount(s) therein. 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 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-01842-UNJ Document 54 Filed 01/06/23 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award a lump sum payment of $57,500.00 (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-01842-UNJ Document 54 Filed 01/06/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) EVE BUNTING-SMITH, ) ) Petitioner, ) ) No. 20-1842V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 14, 2020, Eve Bunting-Smith (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), 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 she received on December 27, 2017. Petition at 1. On July 29, 2022, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and that same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 39, 40. I. Item of Compensation Pain and Suffering Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). The above amount 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-01842-UNJ Document 54 Filed 01/06/23 Page 4 of 4 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 $57,500.00 in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Eve Bunting-Smith: $57,500.00 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Mitchell Jones MITCHEL JONES 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) 305-1748 mitchell.jones@usdoj.gov DATED: December 1, 2022 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.