VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00167 Package ID: USCOURTS-cofc-1_21-vv-00167 Petitioner: Sharon Brown Filed: 2021-01-06 Decided: 2023-02-24 Vaccine: pneumococcal conjugate Vaccination date: 2019-10-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Sharon Brown filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate (Prevnar 13) vaccination on October 30, 2019. She stated that the vaccination occurred in the United States and that her injuries have lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Brown is entitled to compensation. The respondent determined that she met the criteria for SIRVA as set forth in the Vaccine Injury Table and its accompanying interpretations. The respondent also agreed that Ms. Brown filed her case within the statutory time limits, received the vaccine in the United States, and satisfied the severity requirement of suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Brown entitled to compensation. The case was assigned to the Special Processing Unit, and a ruling on entitlement was issued, with damages to be determined later. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00167-0 Date issued/filed: 2023-02-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2023) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00167-UNJ Document 26 Filed 02/24/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-167V UNPUBLISHED SHARON BROWN, Chief Special Master Corcoran Petitioner, Filed: January 24, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Pneumococcal Conjugate Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 6, 2021, Sharon Brown filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate (Prevnar 13) vaccination on October 30, 2019. Amended Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her vaccine-related injuries have lasted for longer than six months, and she has not filed a civil action and has not received compensation in the form of an award or settlement for her vaccine-related 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 Petitioner filed a more detailed amended petition on March 18, 2021. See ECF No. 10. 3 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-00167-UNJ Document 26 Filed 02/24/23 Page 2 of 2 injury. Amended Petition at 1, 7. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 18, 2023, 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 determined that “[P]etitioner has satisfied the criteria set forth in the Table and the Qualifications and Aids to Interpretation for SIRVA.” Id. at 4. Respondent further agrees that “[P]etitioner timely filed her case, that she received the Prevnar 13 vaccine in the United States, and that she satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” 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