VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00185 Package ID: USCOURTS-cofc-1_21-vv-00185 Petitioner: Teresa Patterson Filed: 2021-01-07 Decided: 2024-01-02 Vaccine: Prevnar 13 Vaccination date: 2019-06-26 Condition: right shoulder injury related to vaccine administration (“SIRVA”) and polyarthralgia Outcome: compensated Award amount USD: 73000 AI-assisted case summary: On January 7, 2021, Teresa Patterson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Prevnar 13 vaccination administered on June 26, 2019, caused a right shoulder injury related to vaccine administration (SIRVA) and polyarthralgia. The petition stated that the residual effects of the injury lasted for more than six months. The respondent filed a Rule 4(c) report on July 25, 2023, conceding entitlement for the right SIRVA injury, finding that it met the criteria outlined in the Vaccine Injury Table. Specifically, the respondent noted that Ms. Patterson had no prior history of right shoulder pain, inflammation, or dysfunction that would explain the post-vaccination symptoms, that the onset of pain occurred within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the vaccinated shoulder. The respondent also stated that there were no other conditions present that could explain the symptoms, thus granting a presumption of vaccine causation for the SIRVA. However, the respondent did not concede entitlement for the alleged polyarthralgia. On July 25, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation for her right SIRVA. Subsequently, on November 27, 2023, the respondent filed a proffer on award of compensation, agreeing to an award of $73,000.00 for pain and suffering, which the Petitioner accepted. On January 2, 2024, Chief Special Master Corcoran issued a decision awarding Ms. Patterson a lump sum payment of $73,000.00 for pain and suffering, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Emily Beth Ashe of Anapol Weiss, and Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice. Theory of causation field: Petitioner Teresa Patterson alleged that a Prevnar 13 vaccination on June 26, 2019, caused a right shoulder injury related to vaccine administration (SIRVA) and polyarthralgia. The respondent conceded entitlement for the SIRVA, finding it met the Vaccine Injury Table criteria, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and symptoms limited to the vaccinated shoulder, thus establishing a presumption of causation. The respondent did not concede entitlement for polyarthralgia. A ruling on entitlement for the SIRVA was issued on July 25, 2023, by Chief Special Master Brian H. Corcoran. On November 27, 2023, the respondent filed a proffer agreeing to an award of $73,000.00 for pain and suffering, which Petitioner accepted. A decision on January 2, 2024, by Chief Special Master Corcoran awarded this lump sum payment. Petitioner was represented by Emily Beth Ashe, and Respondent by Jamica Marie Littles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00185-0 Date issued/filed: 2023-08-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/25/2023) regarding 48 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00185-UNJ Document 51 Filed 08/29/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0185V TERESA PATTERSON, Chief Special Master Corcoran Petitioner, Filed: July 25, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 7, 2021, Teresa Patterson 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 her receipt of a Prevnar 13 vaccination on June 26, 2019, caused her to develop a right shoulder injury related to vaccine administration (“SIRVA”) and polyarthralgia. Petition at 1-2, 13. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 25, 2023, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case for her right SIRVA only, and not her alleged polyarthralgia injury. Respondent’s Rule 4(c) Report at 1. Specifically, 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:21-vv-00185-UNJ Document 51 Filed 08/29/23 Page 2 of 2 Respondent states that “[m]edical personnel at DICP have reviewed the facts of this case and concluded that petitioner’s claim meets the Table criteria for right SIRVA. Specifically, petitioner had no history of right shoulder pain, inflammation, or dysfunction prior to her June 26, 2019 Prevnar 13 vaccination that would explain the symptoms and examination findings occurring after her vaccination. Petitioner also more likely than not suffered the onset of her right shoulder pain within forty-eight hours of vaccine administration; and her shoulder pain and reduced range of motion were limited to the shoulder in which the vaccine was administered.” Id. at 10. Respondent further agrees that “There is no other condition or abnormality present that would explain petitioner’s right shoulder pain and reduced range of motion. . . Therefore, petitioner is entitled to a presumption of vaccine causation.” Id. Lastly, Respondent states: The existing records also show that this case was timely filed, petitioner received her vaccination in the United States, and petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her right SIRVA for more than six months after vaccine administration. See 42 U.S.C. §§ 300aa-11(c)(1)(D)(i). Thus, in light of the information contained in petitioner’s medical records, respondent concedes that entitlement to compensation is appropriate under the terms of the Vaccine Act. The scope of damages to be awarded is limited to petitioner’s right SIRVA and its resulting sequelae only. 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-00185-1 Date issued/filed: 2024-01-02 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 11/27/2023) regarding 56 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00185-UNJ Document 60 Filed 01/02/24 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0185V TERESA PATTERSON, Chief Special Master Corcoran Petitioner, v. Filed: November 27, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Teresa Patterson 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 her receipt of a Prevnar 13 vaccination on June 26, 2019, caused her to develop a right shoulder injury related to vaccine administration (“SIRVA”) and polyarthralgia. Petition at 1-2, 13. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 25, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On November 27, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $73,000.00, for pain and suffering. 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. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:21-vv-00185-UNJ Document 60 Filed 01/02/24 Page 2 of 4 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $73,000.00 (for pain and suffering) 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-00185-UNJ Document 60 Filed 01/02/24 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) TERESA PATTERSON, ) ) Petitioner, ) ) No. 21-185V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) PROFFER ON AWARD OF COMPENSATION On July 25, 2023, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. See ECF No. 47. On that same day, the Chief Special Master issued a Ruling on Entitlement regarding petitioner’s SIRVA. 1 ECF No. 48. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $73,000.00 for pain and suffering. Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. 1 Petitioner also alleged a polyarthralgia injury. Pet. at 1. Respondent recommended compensation only for SIRVA, and the Court’s ruling on entitlement is specific to SIRVA. ECF Nos. 47-48. Accordingly, respondent’s proffer is limited to compensation for SIRVA. Case 1:21-vv-00185-UNJ Document 60 Filed 01/02/24 Page 4 of 4 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: 2 a lump sum payment of $73,000.00 in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Teresa Patterson: $73,000.00 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 JULIA M. COLLISON Assistant Director Torts Branch, Civil Division s/ Jamica M. Littles JAMICA M. LITTLES Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-4014 Fax: (202) 616-4310 Date: November 27, 2023 Email: jamica.m.littles@usdoj.gov 2 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. 2