VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01866 Package ID: USCOURTS-cofc-1_20-vv-01866 Petitioner: Lindsay Geraghty Filed: 2020-12-15 Decided: 2022-07-22 Vaccine: influenza Vaccination date: 2019-10-02 Condition: right shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45340 AI-assisted case summary: Lindsay Geraghty filed a petition for compensation under the National Vaccine Injury Compensation Program on December 15, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on October 2, 2019. She alleged the vaccine was administered in the United States, she experienced residual effects for more than six months, and she had not received other compensation or filed a civil action. Respondent filed a Rule 4(c) report conceding entitlement, agreeing that Petitioner had no prior shoulder issues, her pain occurred within 48 hours of vaccination, was limited to the shoulder, and no other condition explained the pain. Respondent also agreed that the claim was timely filed, the vaccine was administered in the US, and the severity requirement was met. Based on the concession, a ruling on entitlement was issued finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer proposing an award of $45,340.87, which Petitioner agreed to. The court awarded Petitioner a lump sum payment of $45,340.87, comprising $45,000.00 for pain and suffering and $340.87 for past unreimbursable expenses. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01866-0 Date issued/filed: 2022-07-15 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2022) regarding 33 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01866-UNJ Document 40 Filed 07/15/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1866V UNPUBLISHED LINDSAY GERAGHTY, Chief Special Master Corcoran Petitioner, Filed: June 15, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Edward M. Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 15, 2020, Lindsay Geraghty 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 right shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on October 2, 2019. Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced residual effects of her condition for more than six months, and she has not received compensation in the form of an award or settlement for her vaccine-related injuries nor has she filed a civil action for her injuries. Petition at ¶¶ 3, 14-16, 18. 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-01866-UNJ Document 40 Filed 07/15/22 Page 2 of 2 On June 13, 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 had no history of pain, inflammation, or dysfunction of her right shoulder that would explain her symptoms after vaccination; pain occurred within forty-eight 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 5. Respondent further agrees that “the records show that petitioner timely filed her claim, that she received the flu vaccine in the United States, and that she satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” 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-01866-1 Date issued/filed: 2022-07-22 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/21/2022) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01866-UNJ Document 41 Filed 07/22/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1866V UNPUBLISHED LINDSAY GERAGHTY, Chief Special Master Corcoran Petitioner, Filed: June 21, 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) Edward M. Kraus, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 15, 2020, Lindsay Geraghty 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 right shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on October 2, 2019. Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced residual effects of her condition for more than six months, and she has not received compensation in the form of an award or settlement for her vaccine-related injuries nor has she filed a civil action for her injuries. Petition at ¶¶ 3, 14-16, 18. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01866-UNJ Document 41 Filed 07/22/22 Page 2 of 5 On June 15, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On June 20, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $45,340.87. Proffer at 2. 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 $45,340.87 (representing $45,000.00 in pain and suffering and $340.87 in past unreimbursable 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-01866-UNJ Document 41 Filed 07/22/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LINDSAY GERAGHTY, ) ) Petitioner, ) ) No. 20-1866V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 15, 2020, Lindsay Geraghty (“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 October 2, 2019. Petition at 1. On June 13, 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 on June 15, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 33. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $ $45,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:20-vv-01866-UNJ Document 41 Filed 07/22/22 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $340.87. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 $ $45,340.87, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Lindsay Geraghty: $45,340.87 Respectfully submitted, BRIAN M. 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 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-01866-UNJ Document 41 Filed 07/22/22 Page 5 of 5 TRACI R. PATTON Assistant Director Torts Branch, Civil Division s/ Tyler C. King TYLER C. KING 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) 305-0730 Tyler.king@usdoj.gov Dated: June 20, 2022 3