VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00048 Package ID: USCOURTS-cofc-1_21-vv-00048 Petitioner: Yvette Alexander Filed: 2021-01-04 Decided: 2022-09-12 Vaccine: influenza Vaccination date: 2019-12-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 82500 AI-assisted case summary: Yvette Alexander filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on December 19, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages on July 29, 2022, conceding that Ms. Alexander is entitled to compensation. The respondent agreed that her injury satisfied the criteria set forth in the Vaccine Injury Table for SIRVA and that she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Alexander entitled to compensation. Subsequently, a decision awarding damages was issued on September 12, 2022. The respondent had proffered an award of $82,500.00, which Ms. Alexander accepted. The court awarded Ms. Alexander a lump sum payment of $82,500.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00048-0 Date issued/filed: 2022-09-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/02/2022 ) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00048-UNJ Document 33 Filed 09/12/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0048V UNPUBLISHED YVETTE ALEXANDER, Chief Special Master Corcoran Petitioner, Filed: August 2, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 4, 2021, Yvette Alexander 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 shoulder injury related to vaccine injury (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on December 19, 2019. Petition at ¶¶ 1, 10. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her SIRVA injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA injury. Petition at ¶¶ 1, 6-8. 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 1:21-vv-00048-UNJ Document 33 Filed 09/12/22 Page 2 of 2 On July 29, 2022, Respondent filed his Rule 4(c) Report and Proffer on Damages 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 believes “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA”. Id. at 11. Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine 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_21-vv-00048-1 Date issued/filed: 2022-09-12 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/02/2022 ) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00048-UNJ Document 34 Filed 09/12/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0048V UNPUBLISHED YVETTE ALEXANDER, Chief Special Master Corcoran Petitioner, Filed: August 2, 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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 4, 2021, Yvette Alexander 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 shoulder injury related to vaccine injury (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on December 19, 2019. Petition at ¶¶ 1, 10. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 2, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On July 29, 2022, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating Petitioner should be awarded $82,500.00.3 Rule 4(c) Report and Proffer at 12. 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). 3 Respondent did not provide the specific categories of compensation. Case 1:21-vv-00048-UNJ Document 34 Filed 09/12/22 Page 2 of 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 Rule 4(c) Report and Proffer. Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,4 I award Petitioner a lump sum payment of $82,500.00 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 4 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 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