VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00954 Package ID: USCOURTS-cofc-1_21-vv-00954 Petitioner: Tremayne D. Edwards Filed: 2021-02-19 Decided: 2022-10-13 Vaccine: influenza Vaccination date: 2018-11-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Tremayne D. Edwards filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on November 5, 2018. The respondent, the Secretary of Health and Human Services, conceded that Mr. Edwards is entitled to compensation. The respondent concluded that the claim meets the Table criteria for SIRVA and agreed that the case was timely filed, the vaccine was received in the United States, and Mr. Edwards satisfied the statutory severity requirement by suffering residual effects for more than six months. Mr. Edwards also averred that he had not filed a civil action for his injuries or received compensation from other sources. Based on the respondent's concession and the evidence of record, the Chief Special Master found Mr. Edwards entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $70,000.00, which Mr. Edwards agreed to. The court awarded Mr. Edwards a lump sum payment of $70,000.00, representing compensation for all damages available under the program. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00954-0 Date issued/filed: 2022-10-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/06/2022) regarding 30 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00954-UNJ Document 37 Filed 10/12/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0954V UNPUBLISHED TREMAYNE D. EDWARDS, Chief Special Master Corcoran Petitioner, Filed: September 6, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 19, 2021, Tremayne D. Edwards 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 vaccination on November 5, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 6, 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 “concluded that [P]etitioner’s claim meets the Table criteria for SIRVA.” Id. at 5. Respondent further agrees that “the case was timely filed, that the 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-00954-UNJ Document 37 Filed 10/12/22 Page 2 of 2 vaccine was received in the United States, and that [P]etitioner satisfies the statutory severity requirement by suffering the residual effects or complications of his injury for more than six months after vaccine administration.” Id. Respondent also notes that Petitioner has averred that he has “‘not filed a civil action for [his] vaccine-related injuries and has ‘not received compensation in the form of an award or civil settlement for [his] vaccine-related injury.’” Id. at 5 (citing Pet. Ex. 1 at 7). 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-00954-1 Date issued/filed: 2022-10-13 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/06/2022) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00954-UNJ Document 38 Filed 10/13/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0954V UNPUBLISHED TREMAYNE D. EDWARDS, Chief Special Master Corcoran Petitioner, Filed: September 6, 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) Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 19, 2021, Tremayne D. Edwards 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 vaccination on November 5, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 6, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 6, 2022, Respondent filed a combined Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded $70,000.00. Rule 4/Proffer at 6. In the 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-00954-UNJ Document 38 Filed 10/13/22 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 $70,000.00 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