VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00296 Package ID: USCOURTS-cofc-1_21-vv-00296 Petitioner: Kenade Achelus-Knox Filed: 2021-01-07 Decided: 2023-04-11 Vaccine: tetanus Vaccination date: 2019-12-24 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60894 AI-assisted case summary: Kenade Achelus-Knox filed a petition on January 7, 2021, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus vaccine on December 24, 2019. This condition is recognized as a Table Injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 24, 2022, conceding that the petitioner met the criteria for SIRVA and was entitled to compensation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 24, 2022, finding Kenade Achelus-Knox entitled to compensation. Subsequently, on March 9, 2023, the parties submitted a proffer for damages. The respondent proposed an award of $60,894.85, which the petitioner agreed to. This amount was comprised of $59,500.00 for pain and suffering, $57.00 for past unreimbursable expenses, and $1,337.85 for past lost wages. Chief Special Master Corcoran issued a decision on April 11, 2023, awarding Kenade Achelus-Knox a lump sum payment of $60,894.85, payable by check to the petitioner. Petitioner counsel was Leah VaSahnja Durant. Respondent counsel included Lauren Kells and Bridget Corridon. Theory of causation field: Kenade Achelus-Knox received a tetanus vaccine on December 24, 2019, and subsequently alleged a left shoulder injury related to vaccine administration (SIRVA). This condition is listed as a Table Injury. The respondent conceded entitlement, agreeing that the petitioner met the criteria for SIRVA as defined by the Vaccine Injury Table and Qualifications and Aids to Interpretation. The public decision does not describe the specific mechanism of injury, onset, symptoms, medical tests, or treatments. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 24, 2022, finding the petitioner entitled to compensation. On March 9, 2023, a proffer on award of compensation was filed, agreeing to a total award of $60,894.85. This award includes $59,500.00 for pain and suffering, $57.00 for past unreimbursable expenses, and $1,337.85 for past lost wages. Chief Special Master Corcoran issued a decision awarding this amount on April 11, 2023. Petitioner counsel was Leah VaSahnja Durant, and respondent counsel included Lauren Kells and Bridget Corridon. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00296-0 Date issued/filed: 2022-07-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/24/2022) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.(ew). -------------------------------------------------------------------------------- Case 1:21-vv-00296-UNJ Document 27 Filed 07/25/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0296V UNPUBLISHED KENADE ACHELUS-KNOX, Chief Special Master Corcoran Petitioner, Filed: June 24, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Tetanus Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 7, 2021, Kenade Achelus-Knox 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 left shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, after receiving a tetanus vaccine on December 24, 2019. Petition at 1, ¶¶ 1-2, 4. Petitioner further alleges that she suffered the residual effects of her SIRVA and that neither she nor any other party has filed a civil action or received compensation for her SIRVA. Id. at ¶¶ 3, 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-00296-UNJ Document 27 Filed 07/25/22 Page 2 of 2 On June 24, 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 has concluded “that [P]etitioner has satisfied the criteria for SIRVA, as defined by the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”).” Id. at 6. Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.” 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-00296-1 Date issued/filed: 2023-04-11 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/09/2023) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00296-UNJ Document 43 Filed 04/11/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0296V UNPUBLISHED KENADE ACHELUS-KNOX, Chief Special Master Corcoran Petitioner, Filed: March 9, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Kenade Achelus-Knox 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 left shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, after receiving a tetanus vaccine on December 24, 2019. Petition at 1, ¶¶ 1-2, 4. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 24, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On March 9, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,894.85, representing compensation in the amounts of $59,500.00 for pain and suffering, $57.00 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-00296-UNJ Document 43 Filed 04/11/23 Page 2 of 5 for past unreimbursable expenses, and $1,337.85 for past lost wages. Proffer at 1-2. 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 $60,894.85, representing compensation in the amounts of $59,500.00 for pain and suffering, $57.00 for actual unreimbursable expenses, and $1,337.85 for actual lost wages 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-00296-UNJ Document 43 Filed 04/11/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) KENADE ACHELUS-KNOX, ) ) Petitioner, ) ) No. 21-296 v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On January 7, 2021, Kenade Achelus-Knox (“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 a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a tetanus vaccine she received on December 24, 2019. Petition at 1. On June 24, 2022, 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 a SIRVA Table injury, and on the same day the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24; ECF No. 25. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $59,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-00296-UNJ Document 43 Filed 04/11/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $57.00. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that she incurred past lost wages related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $1,337.85. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is 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. 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 $60,894.85, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Kenade Achelus-Knox: $60,894.85 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:21-vv-00296-UNJ Document 43 Filed 04/11/23 Page 5 of 5 C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division LARA A. ENGLUND Assistant Director Torts Branch, Civil Division /s/ Bridget A. Corridon BRIDGET A. CORRIDON 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) 305-4117 Email: bridget.corridon@usdoj.gov DATED: March 9, 2022 3