VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00099 Package ID: USCOURTS-cofc-1_21-vv-00099 Petitioner: Hannah Gammons Filed: 2021-01-05 Decided: 2022-05-19 Vaccine: meningococcal Vaccination date: 2020-11-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 46561 AI-assisted case summary: On January 5, 2021, a petition was filed on behalf of Hannah Gammons, who was a minor at the time, under the National Vaccine Injury Compensation Program. The petition alleged that a meningococcal vaccine administered on November 2, 2020, caused a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 31, 2022, conceding that the petitioner's claim met the Table criteria for SIRVA. The respondent also confirmed that the petition was timely filed, the vaccine was administered in the United States, the statutory sequela requirement was satisfied, and there had been no prior award or settlement. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 1, 2022, finding the petitioner entitled to compensation. Subsequently, on April 1, 2022, a Damages Decision Based on Proffer was issued. The respondent had filed a combined Rule 4 report/proffer on award of compensation, proposing an award of $46,561.40, which included $45,000.00 for pain and suffering and $1,561.40 for past unreimbursed expenses. The respondent represented that the petitioner agreed with this proffered award. Chief Special Master Corcoran found the petitioner entitled to the award as stated in the proffer and ordered a lump sum payment of $46,561.40, payable to Hannah Gammons, representing compensation for all damages available under Section 15(a). Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. The decision was issued on May 19, 2022. Theory of causation field: Petitioner Hannah Gammons alleged a shoulder injury related to vaccine administration (SIRVA) resulting from a meningococcal vaccine received on November 2, 2020. The respondent conceded that the claim met the Table criteria for SIRVA. The respondent's Rule 4(c) report confirmed timely filing, U.S. administration, satisfaction of the six-month sequela requirement, and no prior award or settlement. Chief Special Master Brian H. Corcoran ruled on entitlement on April 1, 2022, based on the respondent's concession. A subsequent decision on May 19, 2022, awarded $46,561.40, comprising $45,000.00 for pain and suffering and $1,561.40 for past unreimbursed expenses, based on a stipulation/proffer agreed to by the petitioner. Petitioner counsel was John Robert Howie; respondent counsel was Ryan Daniel Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00099-0 Date issued/filed: 2022-05-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/01/2022) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00099-UNJ Document 37 Filed 05/02/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0099V UNPUBLISHED HANNAH GAMMONS, Chief Special Master Corcoran Petitioner, Filed: April 1, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Meningococcal Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 5, 2021, a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), was filed on behalf of Hannah Gammons, who was at the time a minor. Upon reaching the age of majority, this case was ordered re-captioned to reflect Hannah Gammons as the sole petitioner. ECF No. 26. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of a meningococcal vaccine that was administered to her on November 2, 2020. Petition at 1. 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-00099-UNJ Document 37 Filed 05/02/22 Page 2 of 2 On March 31, 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 “concluded that [P]etitioner’s claim meets the Table criteria for SIRVA.” Id. at 3. Respondent further agrees that the case was timely filed, the vaccine was received in the United States, the statutory six month sequela requirement has been satisfied, and there has been no prior award or settlement of a civil action for damages as a result of Petitioner’s alleged condition. 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-00099-1 Date issued/filed: 2022-05-19 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/01/2022) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00099-UNJ Document 38 Filed 05/19/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-099V UNPUBLISHED HANNAH GAMMONS, Chief Special Master Corcoran Petitioner, Filed: April 1, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Meningococcal Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 5, 2021, a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), was filed on behalf of Hannah Gammons, who was at the time a minor. Upon reaching the age of majority, this case was ordered re-captioned to reflect Hannah Gammons as the sole petitioner. ECF No. 26. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of a meningococcal vaccine that was administered to her on November 2, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-00099-UNJ Document 38 Filed 05/19/22 Page 2 of 2 On April 1, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 31, 2022, Respondent filed a combined Rule 4 report/proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $46,561.40 (comprised of $45,000.00 for pain and suffering and $1,561.40 for past unreimbursed expenses). Rule 4/Proffer at 4. In the Rule 4/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/Proffer. Pursuant to the terms stated in the Rule4/Proffer, I award Petitioner a lump sum payment of $46,561.40 (comprised of $45,000.00 for pain and suffering an $1,561.40 for past unreimbursed 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