VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01848 Package ID: USCOURTS-cofc-1_20-vv-01848 Petitioner: Debra Heagle Filed: 2020-12-14 Decided: 2022-07-18 Vaccine: influenza Vaccination date: Condition: bilateral shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 153529 AI-assisted case summary: Debra Heagle filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she sustained bilateral shoulder injuries related to vaccine administration (SIRVA). She received an influenza vaccine in her right arm and a Tdap vaccine in her left arm on December 14, 2020. The petition stated that she experienced residual effects of her injury for more than six months. Respondent conceded that Petitioner is entitled to compensation, determining that she satisfied the criteria for SIRVA on the Vaccine Injury Table. A ruling on entitlement was issued on June 16, 2022, finding Petitioner entitled to compensation. Subsequently, on July 18, 2022, a decision awarding damages was issued. Respondent proffered an award of $153,529.52, comprised of $145,000.00 for pain and suffering and $8,529.52 for past out-of-pocket expenses, which Petitioner agreed to. The court awarded Debra Heagle the stipulated amount, compensating her for all available damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01848-0 Date issued/filed: 2022-07-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2022) regarding 33 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. Modified on 11/1/2022 (vds). -------------------------------------------------------------------------------- Case 1:20-vv-01848-UNJ Document 38 Filed 07/18/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1848V UNPUBLISHED DEBRA HEAGLE, Chief Special Master Corcoran Petitioner, Filed: June 16, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 14, 2020, Debra Heagle 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 sustained bilateral shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine in her right arm and a tetanus, diphtheria, and pertussis (“Tdap”) vaccine in her left arm. Petition at 1-2. Petitioner further alleges that 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 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-01848-UNJ Document 38 Filed 07/18/22 Page 2 of 2 been no award or settlement on her behalf as the result of her injury. Petition at 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 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 and Proffer on Damages at 1. Specifically, Respondent has determined that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA. Id. at 6. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine 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-01848-1 Date issued/filed: 2022-07-18 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 06/16/2022) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. Modified on 11/1/2022 (vds). -------------------------------------------------------------------------------- Case 1:20-vv-01848-UNJ Document 39 Filed 07/18/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1848V UNPUBLISHED DEBRA HEAGLE, Chief Special Master Corcoran Petitioner, Filed: June 16, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Influenza Respondent. (Flu); Shoulder Injury Related to Vaccine Administration (SIRVA) Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 14, 2020, Debra Heagle 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 bilateral shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine in her right arm and a tetanus, diphtheria, and pertussis (“Tdap”) vaccine in her left arm. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 16, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On June 14, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $153,529.52 comprised 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-01848-UNJ Document 39 Filed 07/18/22 Page 2 of 2 of $145,000.00 for pain and suffering and $8,529.52 for past out-of-pocket expenses. Respondent’s Rule 4(c) Report and Proffer on Damages at 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. Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $153,529.52 (comprised of $145,000.00 for pain and suffering and $8,529.52 for past out-of-pocket 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