VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01980 Package ID: USCOURTS-cofc-1_20-vv-01980 Petitioner: Sandra Jean Riffelmacher Filed: 2020-12-28 Decided: 2022-11-16 Vaccine: influenza Vaccination date: 2019-10-11 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60440 AI-assisted case summary: Sandra Jean Riffelmacher filed a petition for compensation under the National Vaccine Injury Compensation Program on December 28, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2019. She stated the vaccine was received in the United States, her injuries lasted more than six months, and she had not previously received compensation for these injuries. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that she had no prior history of left shoulder issues, that her pain and reduced range of motion began within 48 hours of vaccination and were localized to the injection site, and that no other condition explained her symptoms. Respondent also confirmed the case was timely filed, the vaccine was administered in the U.S., and the severity requirement was met. Based on Respondent's concession and the evidence, entitlement to compensation was granted on September 20, 2022. Subsequently, on November 16, 2022, a decision awarding damages was issued. Respondent proffered an award of $60,440.00, which included $60,000.00 for pain and suffering and $440.00 for past unreimbursable expenses. Petitioner agreed with this award, and the court granted the compensation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01980-0 Date issued/filed: 2022-11-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/20/2022) regarding 26 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01980-UNJ Document 33 Filed 11/03/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1980V UNPUBLISHED SANDRA JEAN RIFFELMACHER, Chief Special Master Corcoran Petitioner, Filed: September 20, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 28, 2020, Sandra Jean Riffelmacher 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”) as a result of an influenza (“flu”) vaccine received on October 11, 2019. Petition at 1. Petitioner further alleges that the vaccine was received in the United States, her injuries and sequelae lasted more than six months, and neither Petitioner nor any other party has ever filed an action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injuries. Petition at ¶¶ 2, 11-13. 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-01980-UNJ Document 33 Filed 11/03/22 Page 2 of 2 On September 19, 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: [P]etitioner had no history of left shoulder pain, inflammation, or dysfunction prior to her October 2019 flu vaccination that would explain the alleged symptoms and examination findings occurring after her vaccine injection. In addition, petitioner more likely than not suffered the onset of her left shoulder pain within forty-eight hours of her flu vaccine administration; and her left shoulder pain and reduced range of motion were limited to the shoulder in which the vaccine was administered. There is no other condition or abnormality that would explain petitioner’s symptoms. Therefore, petitioner is entitled to a presumption of vaccine causation. Respondent’s Rule 4(c) Report at 7-8 (citation omitted). Respondent further agrees that the “records also show that this case was timely filed, that petitioner received her October 2019 flu vaccination in the United States, and that petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her left shoulder injury for more than six months after vaccine administration . . . [and] entitlement to compensation is appropriate under the terms of the Vaccine Act.” Respondent’s Rule 4(c) Report at 8 (citation omitted). 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-01980-1 Date issued/filed: 2022-11-16 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/21/2022) regarding 29 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01980-UNJ Document 34 Filed 11/16/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1980V UNPUBLISHED SANDRA JEAN RIFFELMACHER, Chief Special Master Corcoran Petitioner, Filed: September 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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 28, 2020, Sandra Jean Riffelmacher 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”) as a result of an influenza (“flu”) vaccine received on October 11, 2019. Petition at 1. Petitioner further alleges that the vaccine was received in the United States, her injuries and sequelae lasted more than six months, and neither Petitioner nor any other party has ever filed an action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injuries. Petition at ¶¶ 2, 11-13. 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-01980-UNJ Document 34 Filed 11/16/22 Page 2 of 5 On September 20, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 21, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,440.00. 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 $60,440.00 (comprised of $60,000.00 in pain and suffering and $440.00 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-01980-UNJ Document 34 Filed 11/16/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) SANDRA JEAN RIFFELMACHER, ) ) Petitioner, ) ) No. 20-1980V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 28, 2020, Sandra Jean Riffelmacher (“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”). See ECF No. 1. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine that she received on October 11, 2019. Petition at 1-3. On September 19, 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 September 20, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 24, 26-27. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:20-vv-01980-UNJ Document 34 Filed 11/16/22 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 the Court should award petitioner past unreimbursable expenses in the amount of $440.00. 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 Court provide petitioner compensation 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 $60,440.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Sandra Jean Riffelmacher: $60,440.00 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-01980-UNJ Document 34 Filed 11/16/22 Page 5 of 5 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Jamica M. Littles JAMICA M. LITTLES Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 DATED: September 21, 2022 Tel: (202) 305-4014 3