VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02066 Package ID: USCOURTS-cofc-1_20-vv-02066 Petitioner: George Heidrich Filed: 2020-12-30 Decided: 2022-09-07 Vaccine: influenza Vaccination date: 2019-11-08 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: George Heidrich filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of his November 8, 2019 influenza vaccine. He stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that he had no prior award or settlement for his injury. Respondent conceded that Petitioner was entitled to compensation, as he met the criteria for a Table injury, including no prior history of left shoulder pain or dysfunction, onset of pain within 48 hours after vaccination, and symptoms limited to the vaccinated shoulder. The six-month sequelae requirement was also satisfied. A ruling on entitlement was issued on June 23, 2022, finding Petitioner entitled to compensation. Subsequently, on July 28, 2022, Respondent filed a proffer recommending an award of $35,000.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master awarded George Heidrich a lump sum payment of $35,000.00 for pain and suffering. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02066-0 Date issued/filed: 2022-07-27 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/23/2022) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02066-UNJ Document 34 Filed 07/27/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2066V UNPUBLISHED GEORGE HEIDRICH, Chief Special Master Corcoran Petitioner, Filed: June 23, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 30, 2020, George Heidrich 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 he suffered a Table injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of his November 8, 2019 influenza (“flu”) vaccine. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at 1, ¶¶ 1, 17,19. 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-02066-UNJ Document 34 Filed 07/27/22 Page 2 of 2 On June 21, 2022, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case, as Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”). Respondent’s Rule 4(c) Report at 1, 5. Specifically, Respondent indicates that petitioner had no history of pain or dysfunction in his left shoulder prior to the influenza vaccine; pain likely occurred within 48 hours after receipt of an intramuscular vaccination; the pain and reduced range of motion were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality would explain petitioner’s symptoms. Id. at 5. Respondent further agrees that “the statutory six-month sequelae requirement has been satisfied. See id. § 300aa-11(c)(D)(I). 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-02066-1 Date issued/filed: 2022-09-07 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 07/29/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02066-UNJ Document 40 Filed 09/07/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2066V UNPUBLISHED GEORGE HEIDRICH, Chief Special Master Corcoran Petitioner, Filed: July 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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 30, 2020, George Heidrich 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 he suffered a Table injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of his November 8, 2019 influenza (“flu”) vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 23, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On July 28, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $35,000.00 for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with 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-02066-UNJ Document 40 Filed 09/07/22 Page 2 of 5 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 $35,000.00 (representing pain and suffering) 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-02066-UNJ Document 40 Filed 09/07/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) GEORGE HEIDRICH, ) ) Petitioner, ) ) No. 20-2066V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On December 30, 2020, George Heidrich (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to - 34 (“Vaccine Act” or “Act”), as amended. The petition alleges that as a result of receiving an influenza (“flu”) vaccination on November 8, 2019, petitioner suffered from a left shoulder injury related to vaccine administration (“SIRVA”). See Petition at Preamble. On June 21, 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. ECF No. 29. On June 23, 2022, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 31. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $35,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:20-vv-02066-UNJ Document 40 Filed 09/07/22 Page 4 of 5 II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made 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 $35,000.00, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, George Heidrich: $35,000.00 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 TRACI R. PATTON Assistant 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:20-vv-02066-UNJ Document 40 Filed 09/07/22 Page 5 of 5 /s/ Meghan R. Murphy MEGHAN R. MURPHY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-4264 meghan.r.murphy@usdoj.gov DATED: July 28, 2022 3