VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01987 Package ID: USCOURTS-cofc-1_20-vv-01987 Petitioner: Curtis Ingram Filed: 2023-08-18 Decided: 2023-09-21 Vaccine: influenza Vaccination date: 2019-10-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60542 AI-assisted case summary: Curtis Ingram filed a petition for compensation under the National Vaccine Injury Compensation Program on December 28, 2020, later filing an amended petition on January 27, 2023. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a "Table" injury, as a result of an influenza vaccination received on October 2, 2019. Mr. Ingram further alleged that he experienced residual effects of this injury for more than six months following the vaccination. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 18, 2023, the Respondent filed a Rule 4(c) report and Proffer, conceding that Mr. Ingram was entitled to compensation. The Respondent stated that Mr. Ingram's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior history of pain, inflammation, or dysfunction in his left shoulder before the vaccination, that pain occurred within 48 hours after the intramuscular vaccination, that the pain was limited to the shoulder where the vaccine was administered, and that no other condition or abnormality was identified to explain the shoulder pain. The Respondent also agreed that Mr. Ingram suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 18, 2023, finding Mr. Ingram entitled to compensation. Subsequently, on August 18, 2023, the Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation, indicating that Mr. Ingram should be awarded a total of $60,542.25. This amount consisted of $60,000.00 for pain and suffering and $542.25 for past unreimbursable expenses. The Respondent represented that Mr. Ingram agreed with this proffered award. Chief Special Master Corcoran issued a decision on September 21, 2023, awarding Mr. Ingram a lump sum payment of $60,542.25, payable by check to Petitioner, as compensation for all damages available under Section 15(a) of the Act. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Parisa Tabassian of the U.S. Department of Justice. Theory of causation field: Petitioner Curtis Ingram alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccination on October 2, 2019. The injury was alleged to be a "Table" injury with residual effects lasting more than six months. Respondent conceded entitlement, agreeing that the injury was consistent with SIRVA, occurred within 48 hours of vaccination in the administered shoulder, with no prior history of shoulder issues, and no other identified cause. The Respondent also agreed that the injury's residual effects lasted over six months. Petitioner was represented by Ronald Craig Homer, and Respondent by Parisa Tabassian. Chief Special Master Brian H. Corcoran issued a ruling on entitlement and a decision awarding damages. The parties stipulated to an award of $60,542.25, comprising $60,000.00 for pain and suffering and $542.25 for past unreimbursable expenses. The public text does not detail the specific mechanism of injury, medical experts, or specific clinical findings beyond the general description of SIRVA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01987-0 Date issued/filed: 2023-09-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/18/2023) regarding 48 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01987-UNJ Document 53 Filed 09/20/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1987V CURTIS INGRAM, Chief Special Master Corcoran Petitioner, Filed: August 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 28, 2020, Curtis Ingram filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On January 27, 2023, petitioner filed an amended petition for compensation, alleging that he suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 2, 2019. Amended Petition at 1-2. Petitioner further alleges that he suffered the residual effects of his injury for more than six months after the administration of the flu vaccine. Petition at 8. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-01987-UNJ Document 53 Filed 09/20/23 Page 2 of 2 On August 18, 2023, Respondent filed his 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 at 1. Specifically, Respondent states that “petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred within 48 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 4. Respondent further agrees that “petitioner suffered the residual effects of his condition for more than six months. Therefore, based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act.” 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-01987-1 Date issued/filed: 2023-09-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/18/2023) regarding 49 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01987-UNJ Document 54 Filed 09/21/23 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1987V CURTIS INGRAM, Chief Special Master Corcoran Petitioner, Filed: August 18, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 28, 2020, Curtis Ingram filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On January 27, 2023, petitioner filed an amended petition for compensation, alleging that he suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 2, 2019. Amended Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On August 18, 2023, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded a total of $60,542.25, consisting of $60,000.00 for pain and suffering, and $542.25 for past unreimbursable expenses. Rule 4/Proffer at 4. In the Rule 4/Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-01987-UNJ Document 54 Filed 09/21/23 Page 2 of 2 the record as a whole, I find that Petitioner is entitled to an award as stated in the Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $60,542.25, (consisting of $60,000.00 in pain and suffering and $542.25 for 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_20-vv-01987-cl-extra-10735070 Date issued/filed: 2024-06-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268480 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1987V CURTIS INGRAM, Chief Special Master Corcoran Petitioner, v. Filed: May 8, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On December 28, 2020, Curtis Ingram 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 Table shoulder injury related to vaccine administration as the result of an influenza vaccination received on October 2, 2019. Petition, ECF No. 1. On August 18, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 49. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $33,892.03 (representing $30,712.70 in fees plus $3,179.33 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed Jan. 29, 2024, ECF No. 55. Furthermore, Petitioner represents that Petitioner incurred no personal out-of-pocket expenses. ECF No. 56. Respondent reacted to the motion on Jan. 29, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 57. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs, Motion at 34-68. And Respondent offered no specific objection to the rates or amounts sought. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $33,892.03 (representing $30,712.70 in fees plus $3,179.33 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Ronald Craig Homer. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2