VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00707 Package ID: USCOURTS-cofc-1_21-vv-00707 Petitioner: Maryann Seguritan Filed: 2022-08-16 Decided: 2023-01-06 Vaccine: influenza Vaccination date: 2019-09-20 Condition: left shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65138 AI-assisted case summary: Maryann Seguritan filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 20, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Seguritan is entitled to compensation. The respondent agreed that her injury satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. The respondent also confirmed that Ms. Seguritan timely filed her case, received the vaccine in the United States, and met the statutory severity requirement by suffering residual effects for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Seguritan entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation. The respondent proffered that Ms. Seguritan should be awarded $65,138.60 for all damages, which Ms. Seguritan agreed to. The Chief Special Master issued a decision awarding Ms. Seguritan a lump sum payment of $65,138.60. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00707-0 Date issued/filed: 2022-09-19 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/16/2022) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00707-UNJ Document 21 Filed 09/19/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-707V UNPUBLISHED MARYANN SEGURITAN, Chief Special Master Corcoran Petitioner, Filed: August 16, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 16, 2022, Maryann Seguritan 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 left shoulder injuries related to vaccine administration (SIRVA) resulting from an influenza (flu) vaccination she received on September 20, 2019. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, her symptoms lasted more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1, 3. 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-00707-UNJ Document 21 Filed 09/19/22 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, it is Respondent’s position 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. Respondent further agrees that “the records show that petitioner timely filed her case, that she received the flu vaccine in the United States, and that she 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-00707-1 Date issued/filed: 2023-01-06 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 12/05/2022) regarding 24 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00707-UNJ Document 28 Filed 01/06/23 Page 1 of 4 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-707V UNPUBLISHED MARYANN SEGURITAN, Chief Special Master Corcoran Petitioner, Filed: December 5, 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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 16, 2022, Maryann Seguritan 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 left shoulder injuries related to vaccine administration (SIRVA) resulting from an influenza (flu) vaccination she received on September 20, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 16, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On December 1, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $65,138.60. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered 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-00707-UNJ Document 28 Filed 01/06/23 Page 2 of 4 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 $65,138.60 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-00707-UNJ Document 28 Filed 01/06/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MARYANN SEGURITAN, Petitioner, No. 21-707V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On January 12, 2021, Maryann Seguritan (“petitioner”) filed a petition for compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended. She alleges that, as a result of receiving the influenza vaccine on September 20, 2019, she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”). See Petition. On August 8, 2022, respondent filed his Vaccine Rule 4(c) report conceding this SIRVA Table case. On August 16, 2022, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA Table injury. II. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $65,138.60, for all damages. This amount represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:21-vv-00707-UNJ Document 28 Filed 01/06/23 Page 4 of 4 III. Form of the Award 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 following: A lump sum payment of $65,138.60, in the form of a check payable to petitioner.2 Petitioner agrees. 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 /s/ Terrence K. Mangan, Jr.__ TERRENCE K. MANGAN, JR. Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 532-5875 Email: terrence.mangan@usdoj.gov Dated: December 1, 2022 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 2