VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01869 Package ID: USCOURTS-cofc-1_20-vv-01869 Petitioner: Deanna Harris Filed: 2022-04-11 Decided: 2022-05-13 Vaccine: influenza Vaccination date: 2019-10-14 Condition: left shoulder injury resulting from vaccine administration (SIRVA) Outcome: compensated Award amount USD: 53973 AI-assisted case summary: Deanna Harris filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 14, 2019. The respondent conceded that Ms. Harris is entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. The respondent further agreed that she met the statutory severity requirement, as the residual effects of her SIRVA continued for more than six months post-vaccination. A ruling on entitlement was issued on April 11, 2022, finding her entitled to compensation. Subsequently, on May 13, 2022, a decision awarding damages was issued based on a proffer. The total award was $53,973.17, which included a lump sum of $52,500.00 for pain and suffering and $1,473.17 to satisfy a State of Washington Medicaid lien. The award covered all damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01869-0 Date issued/filed: 2022-05-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/11/2022) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01869-UNJ Document 28 Filed 05/13/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1869V UNPUBLISHED DEANNA HARRIS, Chief Special Master Corcoran Petitioner, Filed: April 11, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 15, 2020, Deanna Harris 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 left shoulder injury resulting from vaccine administration (SIRVA) after receiving an influenza vaccination on October 14, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 11, 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, it is Respondent’s position that Petitioner has satisfied the criteria set forth in 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-01869-UNJ Document 28 Filed 05/13/22 Page 2 of 2 the Table and the Qualifications and Aids to Interpretation (QAI) for left-shoulder SIRVA.3 Id. at 4-5. Respondent further agrees that Petitioner satisfies the statutory severity requirement because the residual effects of her SIRVA continued for more than six months after vaccine administration. Id. at 5. 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 3 The Table and QAI for SIRVA require the onset of pain within 48 hours of vaccination, as well as (1) no history of pain, inflammation, or dysfunction of the affected shoulder prior to vaccine administration; (2) pain and reduced range of motion limited to the shoulder in which the vaccine was administered; and (3) no other condition or abnormality that would explain a petitioner’s symptoms. See 42 C.F.R. § 100.3(a), (c)(10). 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01869-1 Date issued/filed: 2022-05-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/11/2022) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01869-UNJ Document 29 Filed 05/23/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1869V UNPUBLISHED DEANNA HARRIS, Chief Special Master Corcoran Petitioner, Filed: April 11, 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) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 15, 2020, Deanna Harris 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 left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 14, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 11, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a left SIRVA. On April 11, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $53,973.17. Proffer at 6. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. 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-01869-UNJ Document 29 Filed 05/23/22 Page 2 of 2 Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. The proffered amount consists of the following: 1. A lump sum payment of $52,500.00, for pain and suffering, in the form of a check payable to Petitioner; and 2. A lump sum payment of $1,473.17, representing compensation for satisfaction of a State of Washington Medicaid lien, in the form of a check payable jointly to Petitioner and: Equian Event No.: 61068401 PO Box 182643 Columbus, OH 43218 Id. These amounts represent compensation for all damages that would be available under Section 15(a). Id. 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