VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00902 Package ID: USCOURTS-cofc-1_21-vv-00902 Petitioner: Ingraham Hanahan Filed: 2021-02-10 Decided: 2023-09-05 Vaccine: Tdap Vaccination date: 2020-06-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 96087 AI-assisted case summary: Ingraham Hanahan, an adult, received a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on June 3, 2020. He subsequently developed a shoulder injury related to vaccine administration (SIRVA). The petition was filed on February 10, 2021. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Mr. Hanahan was entitled to compensation. The respondent agreed that the injury met the criteria for SIRVA as a Table injury and that other statutory and jurisdictional requirements were satisfied, including timely filing and the severity of the injury lasting more than six months. A ruling on entitlement was issued on March 31, 2023, finding Mr. Hanahan entitled to compensation. Subsequently, the parties stipulated to an award of damages. On August 2, 2023, the respondent proffered an award of $95,000.00 for pain and suffering and $1,087.10 for past unreimbursable expenses, totaling $96,087.10. Mr. Hanahan agreed with this proposed award. A decision awarding damages was issued on September 5, 2023, granting a lump sum payment of $96,087.10 to Ingraham Hanahan. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00902-0 Date issued/filed: 2023-05-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/31/2023) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00902-UNJ Document 29 Filed 05/02/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-902V UNPUBLISHED INGRAHAM HANAHAN, Chief Special Master Corcoran Petitioner, Filed: March 31, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 10, 2021, Ingraham Hanahan 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 his tetanus, diphtheria, acellular pertussis (“Tdap”) vaccination received on June 3, 2020. Petition at 1. Petitioner further alleges that neither he, “nor any other party, has ever received compensation in the form of an award or settlement for [his] vaccine-related injury.” Petition at ¶ 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-00902-UNJ Document 29 Filed 05/02/23 Page 2 of 2 On March 27, 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 indicates that [m]edical personnel at the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”), have reviewed the petition and medical records filed in the case. It is respondent’s position that petitioner 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 (citing42 C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10)). Respondent further agrees that “[w]ith respect to other statutory and jurisdictional issues, the records show that petitioner timely filed his case, that he received the Tdap vaccine in the United States, and that he satisfies the statutory severity requirement by suffering the residual effects or complications of his injury for more than six months after vaccine administration.” Id. (citing §11(c)(1)(D)(i)). 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-00902-1 Date issued/filed: 2023-09-05 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/03/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00902-UNJ Document 36 Filed 09/05/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-902V INGRAHAM HANAHAN, Chief Special Master Corcoran Petitioner, Filed: August 3, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 10, 2021 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 his tetanus, diphtheria, acellular pertussis (“Tdap”) vaccination received on June 3, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 31, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 2, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $95,000.00 in pain and suffering and past unreimbursable expenses in the amount of $1,087.10. Proffer at 1-2. 1 Because this 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-00902-UNJ Document 36 Filed 09/05/23 Page 2 of 5 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 $96,087.10 (representing $95,000.00 for pain and suffering and $1,087.10 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 Case 1:21-vv-00902-UNJ Document 36 Filed 09/05/23 Page 3 of 5 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS INGRAHAM HANAHAN, Petitioner, v. No. 21-902V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 10, 2021, Ingraham Hanahan (“petitioner”) timely filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-10 to -34. Petitioner alleges that he received a tetanus vaccination on June 3, 2020, and thereafter suffered from a left-sided shoulder injury related to vaccine administration (“SIRVA”). See Petition at 1. On March 27, 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 a SIRVA Table injury, and on March 31, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 26. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $95,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-00902-UNJ Document 36 Filed 09/05/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,087.10. 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. 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 $96,087.10, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Ingraham Hanahan: $96,087.10 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 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-00902-UNJ Document 36 Filed 09/05/23 Page 5 of 5 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Emily H. Manoso EMILY H. MANOSO 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) 305-3912 DATED: August 2, 2023 Email: Emily.H.Manoso@usdoj.gov 3