VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01918 Package ID: USCOURTS-cofc-1_20-vv-01918 Petitioner: Alan Oka Filed: 2020-12-21 Decided: 2022-09-16 Vaccine: influenza Vaccination date: 2019-10-26 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 83164 AI-assisted case summary: Alan Oka filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 26, 2019. This condition is a defined Table Injury. Respondent filed a Rule 4(c) Report and Proffer on August 15, 2022, conceding that Mr. Oka's claim met the Table criteria for SIRVA and that all statutory and jurisdictional requirements for compensation were met. Based on the respondent's concession and the evidence of record, entitlement was granted. Subsequently, a decision awarding damages was issued on September 16, 2022. The respondent proffered an award of $83,164.75, consisting of $82,500.00 for pain and suffering and $664.75 for unreimbursed expenses, which Mr. Oka agreed to. The court awarded this lump sum payment to Mr. Oka. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01918-0 Date issued/filed: 2022-09-16 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/15/2022) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01918-UNJ Document 30 Filed 09/16/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1918V UNPUBLISHED ALAN OKA, Chief Special Master Corcoran Petitioner, Filed: August 15, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 21, 2020, Alan Oka 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“flu”) vaccine on October 26, 2019. Petition at 1, ¶¶ 1, 4. Petitioner further alleged that neither he nor any other party has filed a civil action or received compensation for his SIRVA. Id. at ¶ 5. 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-01918-UNJ Document 30 Filed 09/16/22 Page 2 of 2 On August 15, 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 4. Respondent further agrees that all statutory and jurisdictional requirements for compensation have been met. Id. at 4-5. 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01918-1 Date issued/filed: 2022-09-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/15/2022) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01918-UNJ Document 31 Filed 09/16/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1918V UNPUBLISHED ALAN OKA, Chief Special Master Corcoran Petitioner, Filed: August 15, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 21, 2020, Alan Oka 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“flu”) vaccine on October 26, 2019. Petition at 1, ¶¶ 1, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 15, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. In this case, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating 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-01918-UNJ Document 31 Filed 09/16/22 Page 2 of 2 Petitioner should be awarded $83,164.75, representing $82,500.00 for his pain and suffering and $664.75 for his unreimbursed expenses. Rule 4(c) Report and Proffer at 5- 6. 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 $83,164.75, representing $82,500.00 for his pain and suffering and $664.75 for his unreimbursed 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