VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01886 Package ID: USCOURTS-cofc-1_20-vv-01886 Petitioner: Amanda Heneage Filed: 2020-12-17 Decided: 2022-05-10 Vaccine: influenza Vaccination date: 2019-10-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 73272 AI-assisted case summary: Amanda Heneage filed a petition for compensation under the National Vaccine Injury Compensation Program on December 17, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 29, 2019. She stated the injury met the Table definition for SIRVA and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, filed a report conceding that Petitioner's claim met the Table criteria for SIRVA and that all statutory and jurisdictional requirements were met. On March 29, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation. Subsequently, on May 10, 2022, Chief Special Master Corcoran issued a decision awarding damages. The parties stipulated to an award of $73,272.15, representing $72,500.00 for pain and suffering and $772.15 for out-of-pocket expenses. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and Respondent was represented by Terrence Kevin Mangan, Jr. of the U.S. Department of Justice. Theory of causation field: Petitioner Amanda Heneage alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 29, 2019. The injury was alleged to meet the Table definition for SIRVA and have residual effects for more than six months. Respondent conceded that Petitioner's claim met the Table criteria for SIRVA and that all statutory and jurisdictional requirements were met. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 29, 2022, and a decision awarding damages on May 10, 2022. The parties stipulated to an award of $73,272.15, consisting of $72,500.00 for pain and suffering and $772.15 for out-of-pocket expenses. Petitioner was represented by Joseph Alexander Vuckovich, and Respondent was represented by Terrence Kevin Mangan, Jr. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01886-0 Date issued/filed: 2022-04-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/29/2022) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01886-UNJ Document 32 Filed 04/28/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1886V UNPUBLISHED AMANDA HENEAGE, Chief Special Master Corcoran Petitioner, Filed: March 29, 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) Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 17, 2020, Amanda Heneage 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 shoulder injury related to vaccine administration (“SIRVA”), which meets the Table definition for SIRVA, after receiving the influenza vaccine on October 29, 2019. Petition at ¶¶ 1, 10-11. Petitioner further alleges she received the vaccine in the United States, that she suffered the residual effects of her SIRVA injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA injury. Petition at ¶¶ 1, 9, 12-13. 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-01886-UNJ Document 32 Filed 04/28/22 Page 2 of 2 On March 29, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent has “concluded that [P]etitioner’s claim meets the Table criteria for SIRVA.” Id. at 3-4. Respondent further agrees that all statutory and jurisdictional requirements for compensation have been met. Id. at 4. 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-01886-1 Date issued/filed: 2022-05-10 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/29/2022) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01886-UNJ Document 33 Filed 05/10/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1886V UNPUBLISHED AMANDA HENEAGE, Chief Special Master Corcoran Petitioner, Filed: March 29, 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) Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 17, 2020, Amanda Heneage 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 shoulder injury related to vaccine administration (“SIRVA”), which meets the Table definition for SIRVA, after receiving the influenza vaccine on October 29, 2019. Petition at ¶¶ 1, 10-11. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 29, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On March 29, 2022, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4(c) Report and 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-01886-UNJ Document 33 Filed 05/10/22 Page 2 of 2 indicating Petitioner should be awarded $73,272.15, representing $72,500.00 for her pain and suffering and $772.15 for her out-of-pocket expenses. Rule 4(c) Report and Proffer at 4. 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 Rule 4(c) Report and Proffer. Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $73,272.15, representing $72,500.00 for her pain and suffering and $772.15 for her unreimbursable expenses4 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.5 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 4 The Rule 4(c) Report and Proffer does not indicate which portion of these amounts is designated as past pain and suffering and expenses versus future. 5 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