VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02071 Package ID: USCOURTS-cofc-1_20-vv-02071 Petitioner: Jeannine Woods Filed: 2020-12-30 Decided: 2022-11-03 Vaccine: influenza Vaccination date: 2019-12-11 Condition: left-sided shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52500 AI-assisted case summary: Jeannine Woods filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccination on December 11, 2019. She alleged that she subsequently suffered from a left-sided shoulder injury related to vaccine administration, commonly known as SIRVA. The Respondent, the Secretary of Health and Human Services, filed a report conceding that Petitioner was entitled to compensation. The Respondent agreed that Petitioner met the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The Respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and Petitioner met the statutory severity requirement by experiencing residual effects for more than six months post-vaccination. Based on the Respondent's concession and the evidence, the Chief Special Master ruled on entitlement. Subsequently, a decision awarding damages was issued. Pursuant to the terms of the Respondent's proffer, which Petitioner accepted, Jeannine Woods was awarded a lump sum of $52,500.00 as compensation for all available damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02071-0 Date issued/filed: 2022-10-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/06/2022) regarding 28 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02071-UNJ Document 33 Filed 10/18/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2071V UNPUBLISHED JEANNINE WOODS, Chief Special Master Corcoran Petitioner, Filed: September 6, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza (Flu); Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA). Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On December 30, 2020, Jeannine Woods (“Petitioner”) 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 received an influenza (“flu”) vaccination on December 11, 2019, and thereafter suffered from a left-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 25, 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 at 1. Specifically, Respondent states that Petitioner has satisfied the criteria for SIRVA set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”). Id. at 4-5 (citing 42 C.F.R. §§ 100.3(a)(XIV)(B), (c)(10)). 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-02071-UNJ Document 33 Filed 10/18/22 Page 2 of 2 Respondent further agrees that the case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration. Id. at 5 (citing Sections 11(c)(1)(B)(i)(I) – 11(c)(1)(D)(i)). 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-02071-1 Date issued/filed: 2022-11-03 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/06/2022) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02071-UNJ Document 36 Filed 11/03/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2071V UNPUBLISHED JEANNINE WOODS, Chief Special Master Corcoran Petitioner, Filed: September 6, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu); Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA). Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 30, 2020, Jeannine Woods (“Petitioner”) 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 received an influenza (“flu”) vaccination on December 11, 2019, and thereafter suffered from a left-sided shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 25, 2022, Respondent filed a combined Rule 4(c) Report and Proffer in which he conceded that Petitioner was entitled to compensation for a left-sided SIRVA Respondent’s Rule 4(c) Report and Proffer at 1, 5. On September 6, 2022, I issued a Ruling on Entitlement. 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-02071-UNJ Document 36 Filed 11/03/22 Page 2 of 2 Respondent represents that Petitioner agrees to his proffer on an award of compensation. Rule 4(c) Report and Proffer at 5-6. 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 combined Rule 4(c) Report and Proffer,3 I award a lump sum of $52,500.00 in the form of a check payable to Petitioner. Respondent’s Rule 4(c) Report and Proffer at 6. This amount represents compensation for all damages that would be available under Section 15(a). Id. The Clerk of Court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the combined Rule 4(c) Report and Proffer contains information regarding A.M.’s personal medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto. 4 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