VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00093 Package ID: USCOURTS-cofc-1_21-vv-00093 Petitioner: Graciela Johnson Filed: 2021-01-05 Decided: 2023-04-06 Vaccine: Tdap Vaccination date: 2021-01-05 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 121462 AI-assisted case summary: Graciela Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine in her left arm and an influenza (flu) vaccine in her right arm on January 5, 2021. She claimed that she subsequently suffered a shoulder injury related to vaccine administration (SIRVA) in each shoulder. The respondent conceded that Ms. Johnson is entitled to compensation, finding that she satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The case proceeded as a Table claim. Subsequently, the parties reached a stipulation for damages. On April 6, 2023, the court awarded Graciela Johnson a total of $121,462.38. This award consisted of $117,500.00 for pain and suffering damages and $3,962.38 for past expenses, representing compensation for all elements of damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00093-0 Date issued/filed: 2023-01-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/16/2022) regarding 38 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00093-UNJ Document 41 Filed 01/18/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-93V UNPUBLISHED GRACIELA JOHNSON, Chief Special Master Corcoran Petitioner, Filed: December 16, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 5, 2021, Graciela Johnson 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 a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine in her left arm and an influenza (“flu”) vaccine in her right arm, and thereafter suffered a shoulder injury related to vaccine administration (“SIRVA”) in each shoulder. Petition at 1. Petitioner further alleges that the vaccines were administered within the United States, that she suffered the residual effects of her injuries for more than six months, and that there has been no compensation in the form of an award or 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-00093-UNJ Document 41 Filed 01/18/23 Page 2 of 2 settlement for her alleged injuries. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 14, 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 has concluded that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA in each of her shoulders. Id. at 8. Respondent further agrees that Petitioner has satisfied the 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-00093-1 Date issued/filed: 2023-04-06 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 03/06/2023) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00093-UNJ Document 52 Filed 04/06/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0093V UNPUBLISHED GRACIELA JOHNSON, Chief Special Master Corcoran Petitioner, Filed: March 6, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Influenza Respondent. (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA) John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 5, 2021, Graciela Johnson 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 a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine in her left arm and an influenza (“flu”) vaccine in her right arm, and thereafter suffered a shoulder injury related to vaccine administration (“SIRVA”) in each shoulder. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 16, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 3, 2023, Respondent filed a proffer on 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 1:21-vv-00093-UNJ Document 52 Filed 04/06/23 Page 2 of 4 award of compensation (“Proffer”) indicating Petitioner should be awarded $121,462.38 (consisting of $117,500.00 in pain and suffering damages and $3,962.38 in past expenses). Proffer at 1. 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 $121,462.38 (consisting of $117,500.00 in pain and suffering damages and $3,962.38 in past 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 1:21-vv-00093-UNJ Document 52 Filed 04/06/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS GRACIELA JOHNSON, Petitioner, No. 21-93V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 5, 2021, Graciela Johnson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2018) (the “Vaccine Act”). Petitioner alleged that she suffered bilateral shoulder injuries related to vaccine administration as a result of a tetanus-diphtheria-acellular pertussis vaccine and an influenza vaccine. ECF No. 1. On December 14, 2022, respondent filed a report conceding that compensation under the Vaccine Act is appropriate in this case. ECF No. 37. On December 16, 2022, the Chief Special Master issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 38. On the same date, the Chief Special Master issued a Damages Order. ECF No. 39. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $121,462.38, consisting of $117,500.00 in pain and suffering damages and $3,962.38 in past expenses, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:21-vv-00093-UNJ Document 52 Filed 04/06/23 Page 4 of 4 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 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 following: a lump sum payment of $121,462.38, in the form of a check payable to petitioner.1 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Naseem Kourosh NASEEM KOUROSH Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Telephone: (202) 305-1159 E-mail: Naseem.Kourosh@usdoj.gov DATED: March 3, 2023 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 medical expenses, future pain and suffering, and future lost wages.