VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00270 Package ID: USCOURTS-cofc-1_21-vv-00270 Petitioner: Joanne Carol Stange Filed: 2021-01-07 Decided: 2023-06-12 Vaccine: influenza Vaccination date: 2019-12-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 49057 AI-assisted case summary: Joanne Carol Stange filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on December 18, 2019. She stated the vaccination was administered in the United States, the adverse effects lasted longer than six months, and she had not filed a civil action or received other compensation. Respondent conceded that Petitioner's claim met the Table criteria for SIRVA and agreed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was satisfied. A ruling on entitlement was issued on March 31, 2023, finding Petitioner entitled to compensation. Subsequently, on May 5, 2023, Respondent filed a proffer agreeing to an award of $49,057.70, which Petitioner also accepted. This amount comprised $48,000.00 for pain and suffering and $1,057.70 for past out-of-pocket expenses. The Chief Special Master issued a decision awarding this lump sum payment to Petitioner on June 12, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00270-0 Date issued/filed: 2023-05-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/31/2023) regarding 30 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00270-UNJ Document 33 Filed 05/01/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-270V UNPUBLISHED JOANNE CAROL STANGE, Chief Special Master Corcoran Petitioner, Filed: March 31, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 7, 2021, Joanne Carole Stange 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 after receiving an influenza (flu) vaccination on December 18, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, the adverse effects of her vaccine-related injuries have lasted for longer than six months, and that she has not filed a civil action or received compensation in the form of an award or civil settlement for her vaccine-related injuries. Petition at 1, 5. 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-00270-UNJ Document 33 Filed 05/01/23 Page 2 of 2 On March 23, 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 concluded that Petitioner’s claim meets the Table criteria for SIRVA. Id. at 4. Respondent further agrees that “the case was timely filed, that the vaccine was received in the United States, and that [P]etitioner satisfied 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-00270-1 Date issued/filed: 2023-06-12 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/08/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00270-UNJ Document 39 Filed 06/12/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0270V UNPUBLISHED JOANNE CAROL STANGE, Chief Special Master Corcoran Petitioner, Filed: May 8, 2023 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Joanne Carol Stange 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”) after receiving an influenza vaccination on December 18, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, the adverse effects of her vaccine-related injuries have lasted for longer than six months, and that she has not filed a civil action or received compensation in the form of an award or civil settlement for her vaccine-related injuries. Petition at 1, 5. 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 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-00270-UNJ Document 39 Filed 06/12/23 Page 2 of 5 On March 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On May 5, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $49,057.70. Proffer at 2. 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. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $49,057.70 (comprised of $48,000.00 in pain and suffering and $1,057.70 in past out of pocket 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-00270-UNJ Document 39 Filed 06/12/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) JOANNE CAROL STANGE, ) ) Petitioner, ) ) No. 21-270V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 7, 2021, Joanne Carol Stange (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered Shoulder Injury Related to Vaccine Administration (“SIRVA”), following administration of an influenza vaccine she received on December 18, 2019. Petition at 1-2. On March 23, 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 for SIRVA, and March 31, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29; ECF No. 30. Items of Compensation Pain and Suffering Respondent proffers that petitioner should be awarded $48,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:21-vv-00270-UNJ Document 39 Filed 06/12/23 Page 4 of 5 Past Out-of-Pocket Expenses Respondent proffers that petitioner should be awarded past out-of-pocket expenses in the amount of $1,057.70. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 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 $49,057.70, in the form of a check payable to petitioner. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Joanne Carol Stange: $49,057.70 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 DARRYL R. WISHARD 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-00270-UNJ Document 39 Filed 06/12/23 Page 5 of 5 s/ Steven C. Santayana _____ STEVEN C. SANTAYANA 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) 451-7675 steven.c.santayana@usdoj.gov Dated: May 5, 2023 3