VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00825 Package ID: USCOURTS-cofc-1_21-vv-00825 Petitioner: Ramon Pinon Filed: 2021-01-29 Decided: 2023-05-05 Vaccine: influenza Vaccination date: 2020-10-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50643 AI-assisted case summary: Ramon Pinon filed a petition for compensation under the National Vaccine Injury Compensation Program on January 29, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 19, 2020. The case was assigned to the Special Processing Unit. On March 29, 2023, the Respondent filed a report conceding that Petitioner's claim met the Table criteria for SIRVA and that Petitioner satisfied all statutory and jurisdictional requirements. A ruling on entitlement was issued on March 30, 2023, by Chief Special Master Brian H. Corcoran, finding Petitioner entitled to compensation. Subsequently, on May 5, 2023, Chief Special Master Brian H. Corcoran issued a decision awarding damages. The Respondent proffered an award of $50,643.32, comprised of $50,000.00 for pain and suffering and $643.32 for unreimbursed expenses, which Petitioner agreed to. The court awarded Petitioner the proffered lump sum payment. Petitioner was represented by Jessica Anne Olins of Maglio Christopher & Toale. Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice. Theory of causation field: Petitioner Ramon Pinon alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 19, 2020. The Respondent conceded that the claim met the Table criteria for SIRVA and that Petitioner satisfied all statutory and jurisdictional requirements. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. A ruling on entitlement was issued on March 30, 2023, by Chief Special Master Brian H. Corcoran, finding Petitioner entitled to compensation. On May 5, 2023, Chief Special Master Brian H. Corcoran issued a decision awarding damages based on a stipulation. The award was $50,643.32, consisting of $50,000.00 for pain and suffering and $643.32 for unreimbursed expenses. Petitioner was represented by Jessica Anne Olins, and Respondent was represented by Jamica Marie Littles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00825-0 Date issued/filed: 2023-05-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/30/2023) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00825-UNJ Document 30 Filed 05/02/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0825V UNPUBLISHED RAMON PINON, Chief Special Master Corcoran Petitioner, Filed: March 30, 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) Jessica Anne Olins, Maglio Christopher & Toale, Seattle, WA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 29, 2021, Ramon Pinon 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered on October 19, 2020. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 29, 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 “has concluded that [P]etitioner’s claim meets the Table 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-00825-UNJ Document 30 Filed 05/02/23 Page 2 of 2 criteria for SIRVA.” Id. at 5. Respondent further agrees that Petitioner has satisfied all statutory and jurisdictional requirements. 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-00825-1 Date issued/filed: 2023-05-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/30/2023) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00825-UNJ Document 32 Filed 05/05/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0825V UNPUBLISHED RAMON PINON, Chief Special Master Corcoran Petitioner, Filed: March 30, 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) Jessica Anne Olins, Maglio Christopher & Toale, Seattle, WA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 29, 2021, Ramon Pinon 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine that was administered on October 19 2020. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 30, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 29, 2023, Respondent filed a combined Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded $50,643.32 (comprised of $50,000.00 for pain and suffering and $643.32 for unreimbursed expenses.) Rule 4/Proffer at 6-7. In the Rule 4/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-00825-UNJ Document 32 Filed 05/05/23 Page 2 of 2 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 Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $50,643.32 (comprised of $50,000.00 for pain and suffering and $643.32 for unreimbursed 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