VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00532 Package ID: USCOURTS-cofc-1_21-vv-00532 Petitioner: Candy L. Chapman Filed: 2021-01-11 Decided: 2022-08-12 Vaccine: influenza Vaccination date: 2019-04-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 93224 AI-assisted case summary: Candy L. Chapman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that on April 5, 2019, she received influenza and tetanus-diphtheria-acellular pertussis (Tdap) vaccines in her left shoulder, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 8, 2022, conceding that Ms. Chapman was entitled to compensation. The respondent agreed that the petitioner met the criteria for a SIRVA Table injury as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation, and also met all other legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 8, 2022, finding Ms. Chapman entitled to compensation. Subsequently, on August 12, 2022, the respondent filed a proffer regarding the award of compensation, which the petitioner agreed with. Chief Special Master Corcoran issued a decision on damages on August 12, 2022, awarding Candy L. Chapman a lump sum payment of $93,224.23. This award included $87,500.00 for pain and suffering, $2,935.65 for lost wages, and $2,788.78 for past unreimbursable expenses. The award was to be paid in the form of a check payable to the petitioner. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as a SIRVA Table injury. The attorneys involved were Kathy Ann Lee and Christie Farrell Lee & Bell, P.C. for the petitioner, and Amanda Pasciuto for the respondent. Theory of causation field: Petitioner Candy L. Chapman alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following influenza and Tdap vaccines administered on April 5, 2019. The Respondent conceded entitlement, agreeing that Petitioner met the criteria for a SIRVA Table injury under 42 C.F.R. §§ 100.3(a); (c)(10) and all other legal prerequisites. The public text does not detail the specific mechanism of injury, onset, symptoms, medical tests, or treatments. Chief Special Master Brian H. Corcoran granted entitlement based on the Respondent's concession. A subsequent decision on damages, also by Chief Special Master Corcoran, awarded a lump sum of $93,224.23, comprising $87,500.00 for pain and suffering, $2,935.65 for lost wages, and $2,788.78 for past unreimbursable expenses. Petitioner was represented by Kathy Ann Lee and Christie Farrell Lee & Bell, P.C., and Respondent by Amanda Pasciuto. The decision date for entitlement was August 8, 2022, and the decision on damages was August 12, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00532-0 Date issued/filed: 2022-09-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/08/2022) regarding 36 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00532-UNJ Document 39 Filed 09/12/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0532V UNPUBLISHED CANDY L. CHAPMAN, Chief Special Master Corcoran Petitioner, v. Filed: August 8, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) and Respondent. Tetanus-Diphtheria-Acellular Pertussis (Tdap) Vaccines; Shoulder Injury Related to Vaccine Administration (SIRVA) Kathy Ann Lee, Christie Farrell Lee & Bell, P.C., Indianapolis, IN, for Petitioner. Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 11, 2021, Candy L. Chapman 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 that as a result of influenza (“flu”) and tetanus- diphtheria-acellular pertussis (“Tdap”) vaccines received in her left shoulder on April 5, 2019, she suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. 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-00532-UNJ Document 39 Filed 09/12/22 Page 2 of 2 On August 8, 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 agrees that Petitioner has satisfied the criteria set forth in the 6-7Vaccine Injury Table (the “Table”) and the Qualifications and Aids to Interpretation (“QAI”) for a SIRVA Table injury. Id. at 7 (citing 42 C.F.R. §§ 100.3(a); (c)(10)). Respondent further agrees that Petitioner all other legal prerequisites for compensation under the Vaccine Act. Id. (internal citations omitted). 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-00532-1 Date issued/filed: 2022-09-12 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/12/2022) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. (Main Document 40 replaced on 9/23/2022 to correct the amount of lost wages) (dls). -------------------------------------------------------------------------------- Case 1:21-vv-00532-UNJ Document 40 Filed 09/12/22 Page 1 of 2 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0532V UNPUBLISHED CANDY L. CHAPMAN, Chief Special Master Corcoran Petitioner, v. Filed: August 12, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Damages Decision based on Proffer; Influenza (Flu) and Tetanus- Respondent. Diphtheria-Acellular Pertussis (Tdap) Vaccines; Shoulder Injury Related to Vaccine Administration (SIRVA) Kathy Ann Lee, Christie Farrell Lee & Bell, P.C., Indianapolis, IN, for Petitioner. Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On January 11, 2021, Candy L. Chapman 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 that as a result of influenza (“flu”) and tetanus- diphtheria-acellular pertussis (“Tdap”) vaccines received in her left shoulder on April 5, 2019, she suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this unpublished opinion 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 opinion 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-00532-UNJ Document 40 Filed 09/12/22 Page 2 of 2 On August 8, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 12, 2022, Respondent filed a proffer on award of compensation. 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 $93,224.23 (representing $87,500.00 for pain and suffering, $2,935.65 for lost wages, and $2,788.78 for past 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