VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01032 Package ID: USCOURTS-cofc-1_21-vv-01032 Petitioner: Nora Wyman Filed: 2021-03-05 Decided: 2024-05-01 Vaccine: influenza Vaccination date: 2020-09-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 98701 AI-assisted case summary: Nora Wyman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 30, 2020. She further alleged that she suffered the residual effects of her condition for more than six months. The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours after vaccination, was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on August 14, 2023, finding Petitioner entitled to compensation. Subsequently, on March 26, 2024, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded a total of $98,701.86. This amount consists of $95,000.00 for pain and suffering and $3,701.86 for unreimbursed out-of-pocket medical expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on May 1, 2024, granting the lump sum payment of $98,701.86. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01032-0 Date issued/filed: 2023-09-18 Pages: 2 Docket text: h correct ruling) (sw).PUBLIC ORDER/RULING (Originally filed: 08/14/2023) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. (Main Document 27 replaced on 9/20/2023 wit -------------------------------------------------------------------------------- Case 1:21-vv-01032-UNJ Document 27 Filed 09/18/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1032V NORA WYMAN, Chief Special Master Corcoran Petitioner, Filed: August 14, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 5, 2021, Nora Wyman 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 a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on September 30, 2020. Petition at 1. Petitioner further alleges that she suffered the residual effects of her condition for more than six months. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 7, 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 Because this Ruling 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 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 (2018). Case 1:21-vv-01032-UNJ Document 27 Filed 09/18/23 Page 2 of 2 1. Specifically, Respondent states that “petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of her right shoulder prior to vaccination; pain occurred within 48 hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 5. Respondent further agrees that “petitioner suffered the residual effects of her condition for more than six months” … and that “based on the record as it now stands, petitioner has satisfied all legal prerequisites for compensation under the Act.” 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-01032-1 Date issued/filed: 2024-05-01 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/26/2024) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01032-UNJ Document 40 Filed 05/01/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1032V NORA WYMAN, Chief Special Master Corcoran Petitioner, v. Filed: March 26, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 5, 2021, Nora Wyman 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 a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on September 30, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 14, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On March 26, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $98,701.86, consisting of $95,000.00 for pain and suffering and $3,701.86 for unreimbursed out-of- 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-01032-UNJ Document 40 Filed 05/01/24 Page 2 of 5 pocket medical expenses. Proffer at 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 $98,701.86, (consisting of $95,000.00 for pain and suffering and $3,701.86 for unreimbursed out-of-pocket medical 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-01032-UNJ Document 40 Filed 05/01/24 Page 3 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS NORA WYMAN, Petitioner, Case No. 21-1032V (ECF) v. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On March 5, 2021, Nora Wyman (“petitioner”) filed a petition for compensation (“Pet.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“the Vaccine Act” or “the Act”). Petitioner alleged that as a result of an influenza (“flu”) vaccine that was administered on September 30, 2020, she suffered a right shoulder injury related to vaccine administration (“SIRVA”). Pet. at 1. On August 7, 2023, respondent filed his Rule 4(c) Report conceding entitlement under the Act. Rule 4(c) Report at 1, 5 [ECF Doc. No. 23]. On August 14, 2023, the Court issued its Ruling on Entitlement finding that petitioner is entitled to compensation under the Act. Ruling on Entitlement at 2 [ECF Doc. No. 24]. Case 1:21-vv-01032-UNJ Document 40 Filed 05/01/24 Page 4 of 5 II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers that petitioner should be awarded $98,701.86. The award is comprised of the following: $95,000.00 for pain and suffering and $3,701.86 for unreimbursed out-of-pocket medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) regarding her September 30, 2020 flu vaccination. Petitioner agrees. III. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $98,701.86, in the form of a check payable to petitioner. Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division 2 Case 1:21-vv-01032-UNJ Document 40 Filed 05/01/24 Page 5 of 5 s/ Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov DATED: March 26, 2024 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01032-cl-extra-10735444 Date issued/filed: 2024-05-01 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268854 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1032V NORA WYMAN, Chief Special Master Corcoran Petitioner, v. Filed: March 26, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 5, 2021, Nora Wyman 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 a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on September 30, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 14, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On March 26, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $98,701.86, consisting of $95,000.00 for pain and suffering and $3,701.86 for unreimbursed out-of- 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). pocket medical expenses. Proffer at 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 $98,701.86, (consisting of $95,000.00 for pain and suffering and $3,701.86 for unreimbursed out-of-pocket medical 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 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS NORA WYMAN, Petitioner, Case No. 21-1032V (ECF) v. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Procedural History On March 5, 2021, Nora Wyman (“petitioner”) filed a petition for compensation (“Pet.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“the Vaccine Act” or “the Act”). Petitioner alleged that as a result of an influenza (“flu”) vaccine that was administered on September 30, 2020, she suffered a right shoulder injury related to vaccine administration (“SIRVA”). Pet. at 1. On August 7, 2023, respondent filed his Rule 4(c) Report conceding entitlement under the Act. Rule 4(c) Report at 1, 5 [ECF Doc. No. 23]. On August 14, 2023, the Court issued its Ruling on Entitlement finding that petitioner is entitled to compensation under the Act. Ruling on Entitlement at 2 [ECF Doc. No. 24]. II. Items of Compensation and Form of the Award Based upon the evidence of record, respondent proffers that petitioner should be awarded $98,701.86. The award is comprised of the following: $95,000.00 for pain and suffering and $3,701.86 for unreimbursed out-of-pocket medical expenses. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) regarding her September 30, 2020 flu vaccination. Petitioner agrees. III. Form of the Award The parties recommend that compensation provided to petitioner should be made through a lump sum payment of $98,701.86, in the form of a check payable to petitioner. Petitioner agrees. Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division 2 s/ Mark K. Hellie MARK K. HELLIE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 T: (202) 616-4208 E: mark.hellie@usdoj.gov DATED: March 26, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_21-vv-01032-cl-extra-10788708 Date issued/filed: 2025-01-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10322120 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1032V NORA WYMAN, Chief Special Master Corcoran Petitioner, v. Filed: December 23, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On March 5, 2021, Nora Wyman 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 alleged that she suffered a Table shoulder injury related to vaccine administration as the result of an influenza vaccination received on September 30, 2020. Petition, ECF No. 1. On March 26, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 36. 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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $27,307.48 (representing $25,180.50 in fees plus $2,126.98 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed August 7, 2024, ECF No. 41. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. Id. at 2. Respondent reacted to the motion on August 21, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-4, ECF No. 42. Petitioner filed a reply requesting an award of fees and costs as indicated in the Motion. ECF No. 43. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 41-2. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $27,307.48 (representing $25,180.50 in fees plus $2,126.98 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Leah V. Durant. In the absence of a timely- filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2