VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00207 Package ID: USCOURTS-cofc-1_21-vv-00207 Petitioner: Amanda Grue Filed: 2021-01-07 Decided: 2023-10-30 Vaccine: influenza Vaccination date: 2018-10-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Amanda Grue filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on October 12, 2018. The respondent conceded that Ms. Grue is entitled to compensation, stating that her injury satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. The respondent noted that Ms. Grue had no prior history of left shoulder pain, and the medical records reflected an onset of pain and reduced range of motion within 48 hours, limited to her shoulder. The case was timely filed, the vaccine was received in the United States, and Ms. Grue satisfied the statutory severity requirement. Based on the respondent's concession and the evidence, the court found Ms. Grue entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation, agreeing to an award of $115,000.00 for pain and suffering. The court awarded this lump sum payment to Ms. Grue, who is a competent adult. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00207-0 Date issued/filed: 2023-07-07 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/06/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00207-UNJ Document 29 Filed 07/07/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0207V UNPUBLISHED AMANDA GRUE, Chief Special Master Corcoran Petitioner, Filed: June 6, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 7, 2021, Amanda Grue 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 administration (“SIRVA”) as a result of an influenza vaccination she received on October 12, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 2, 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. 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 (2012). Case 1:21-vv-00207-UNJ Document 29 Filed 07/07/23 Page 2 of 2 Specifically, Respondent states that “it is Respondent’s position that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA. Petitioner did not have a history of left shoulder pain and the medical records reflect an onset within 48 hours. Petitioner’s left shoulder pain and reduced range of motion was limited to her shoulder and no other condition or abnormality explained her shoulder pain.” Id. at 8. Respondent further agrees that “the records show that the case was timely filed, that the vaccine was received in the United States, and that Petitioner 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-00207-1 Date issued/filed: 2023-10-30 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/29/2023) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00207-UNJ Document 37 Filed 10/30/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0207V AMANDA GRUE, Chief Special Master Corcoran Petitioner, Filed: September 29, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Amanda Grue 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 administration (“SIRVA”) as a result of an influenza vaccination she received on October 12, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 6, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On September 29, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $115.000.00 in 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-00207-UNJ Document 37 Filed 10/30/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $115,000.00 in 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-00207-UNJ Document 37 Filed 10/30/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS AMANDA GRUE, Petitioner, No. 21-207V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 7, 2021, Amanda Grue (“petitioner”) filed a Petition for Compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”). 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (‘SIRVA’), resulting from adverse effects of an influenza (‘flu’) vaccination she received on October 12, 2018.” See Petition at 1. On June 2, 2023, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and the Chief Special Master subsequently issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 27. I. Items of Compensation Respondent proffers that petitioner should be awarded $115,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:21-vv-00207-UNJ Document 37 Filed 10/30/23 Page 4 of 5 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 should 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 following1: a lump sum payment of $115,000.00, representing compensation for all elements of economic and noneconomic damages, in the form of a check payable to petitioner, Amanda Grue. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Amanda Grue: $115,000.00 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 TRACI R. PATTON Assistant Director Torts Branch, Civil Division 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 lost earnings and future pain and suffering. 2 Case 1:21-vv-00207-UNJ Document 37 Filed 10/30/23 Page 5 of 5 /s/ Emily H. Manoso EMILY H. MANOSO Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 305-3912 Dated: September 29, 2023 3