VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00224 Package ID: USCOURTS-cofc-1_21-vv-00224 Petitioner: Samantha Sny Filed: 2021-01-07 Decided: 2022-11-17 Vaccine: influenza Vaccination date: 2019-10-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 67003 AI-assisted case summary: Samantha Sny filed a petition on January 7, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2019. The case was assigned to the Special Processing Unit. On September 9, 2022, Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, stating that her condition met the criteria for SIRVA as a Table Injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 9, 2022, finding Petitioner entitled to compensation. Subsequently, on October 17, 2022, Respondent filed a proffer on the award of compensation. The parties agreed to an award of $67,003.11, which included $65,000.00 for pain and suffering and $2,003.11 for out-of-pocket expenses. Chief Special Master Corcoran issued a Decision Awarding Damages on November 17, 2022, awarding Petitioner a lump sum payment of $67,003.11, payable to Samantha Sny, who was identified as a competent adult. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Andrew Henning of the U.S. Department of Justice. Theory of causation field: Petitioner Samantha Sny alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 23, 2019. Respondent conceded entitlement, finding that Petitioner satisfied the criteria for SIRVA as a Table Injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. A ruling on entitlement was issued on September 9, 2022, by Chief Special Master Brian H. Corcoran. Subsequently, a decision on damages was issued on November 17, 2022, based on a stipulation and proffer. The parties agreed to a lump sum award of $67,003.11, comprising $65,000.00 for pain and suffering and $2,003.11 for out-of-pocket expenses. Petitioner was represented by Paul R. Brazil and Respondent by Andrew Henning. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00224-0 Date issued/filed: 2022-10-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/09/2022) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00224-UNJ Document 32 Filed 10/12/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0224V UNPUBLISHED SAMANTHA SNY, Chief Special Master Corcoran Petitioner, Filed: September 9, 2022 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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 7, 2021, Samantha Sny 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“flu”) vaccine on October 23, 2019. Petition at 1, ¶¶ 1, 7. Petitioner further alleged that she received the vaccination in the United States, that she suffered the residual effects of her SIRVA for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 7-9. 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-00224-UNJ Document 32 Filed 10/12/22 Page 2 of 2 On September 9, 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 states his belief “that [P]etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for SIRVA.” Id. at 4-5. 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-00224-1 Date issued/filed: 2022-11-17 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 10/17/2022) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00224-UNJ Document 38 Filed 11/17/22 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0224V UNPUBLISHED SAMANTHA SNY, Chief Special Master Corcoran Petitioner, Filed: October 17, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Samantha Sny 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, after receiving the influenza (“flu”) vaccine on October 23, 2019. Petition at 1, ¶¶ 1, 7.The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 9, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On October 17, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $67,003.11, representing compensation in the amounts of $65,000.00 for her pain and suffering and $2,003.11 for her out of pocket expenses. Proffer at 1. In the Proffer, Respondent 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-00224-UNJ Document 38 Filed 11/17/22 Page 2 of 4 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 $67,003.11, representing compensation in the amounts of $65,000.00 for her pain and suffering and $2,003.11 for her unreimbursable 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-00224-UNJ Document 38 Filed 11/17/22 Page 3 of 4 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SAMANTHA SNY, Petitioner, v. No. 21-224V (ECF) Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND SPU HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On September 9, 2022, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. ECF No. 27. On September 9, 2022, Chief Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”). ECF No. 28. I. Items of Compensation A. Pain and Suffering and Out-of-Pocket Expenses Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering and $2,003.11 for out-of-pocket expenses. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. 1 Should petitioner die prior to the 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 lost earnings and future pain and suffering. Case 1:21-vv-00224-UNJ Document 38 Filed 11/17/22 Page 4 of 4 II. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $67,003.11, in the form of a check payable to petitioner. Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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/ ANDREW J. HENNING ANDREW J. HENNING Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel.: (202) 616-4405 Email: andrew.j.henning@usdoj.gov DATED: October 17, 2022 2