VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01149 Package ID: USCOURTS-cofc-1_21-vv-01149 Petitioner: Julie Parrish Filed: 2021-04-02 Decided: 2023-03-24 Vaccine: influenza Vaccination date: 2019-10-21 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Julie Parrish filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 21, 2019. The injury was a defined Table injury, and she alleged she received the vaccine in the United States and suffered residual effects for more than six months. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, as she satisfied the criteria for SIRVA on the Vaccine Injury Table. A ruling on entitlement was issued on January 18, 2023, finding Petitioner entitled to compensation. Subsequently, on February 21, 2023, Respondent filed a proffer on award of compensation, proposing an award of $90,000.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $90,000.00 for pain and suffering. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01149-0 Date issued/filed: 2023-02-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/18/2023) regarding 32 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01149-UNJ Document 35 Filed 02/21/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1149V UNPUBLISHED JULIE PARRISH, Chief Special Master Corcoran Petitioner, Filed: January 18, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) Anthony James Bucher, Gatlin Voelker, PLLC, Covington, KY, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 2, 2021, Julie Parrish 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 shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on October 21, 2019. Petition at 1, ¶ 2. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for his injury. Id. at ¶¶ 2, 24-25. 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-01149-UNJ Document 35 Filed 02/21/23 Page 2 of 2 On January 17, 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 “that [P]etitioner has satisfied the criteria set forth om the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) for a Shoullder Injury Related to Vaccine Administration (“SIRVA”). Id. at 9. 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-01149-1 Date issued/filed: 2023-03-24 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/21/2023) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01149-UNJ Document 38 Filed 03/24/23 Page 1 of 5 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1149V UNPUBLISHED JULIE PARRISH, Chief Special Master Corcoran Petitioner, Filed: February 21, 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) Anthony James Bucher, Gatlin Voelker, PLLC, Covington, KY, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 2, 2021, Julie Parrish 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 shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine administered on October 21, 2019. Petition at 1, ¶¶ 2, 24. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 18, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On February 21, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $90,000.00, representing compensation for her pain and suffering. Proffer at 1. In the Proffer, 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-01149-UNJ Document 38 Filed 03/24/23 Page 2 of 5 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 $90,000.00, representing compensation for her pain and suffering 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-01149-UNJ Document 38 Filed 03/24/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JULIE PARRISH, Petitioner, v. No. 21-1149 Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On April 2, 2021, Julie Parrish (“petitioner”) 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-1 to -34, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine she received on October 21, 2019. Petition (“Pet.”) at 1. On January 17, 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 January 18, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF Doc. Nos. 31, 32. I. Items of Compensation Respondent proffers that petitioner should be awarded $90,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. This amount represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. Case 1:21-vv-01149-UNJ Document 38 Filed 03/24/23 Page 4 of 5 II. 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 following1: a lump sum payment of $90,000.00, in the form of a check payable to petitioner. Petitioner is a competent adult. Evidence of guardianship is not required in this case. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Julie Parrish: $90,000.00 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 LARA A. ENGLUND Assistant 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-01149-UNJ Document 38 Filed 03/24/23 Page 5 of 5 /s/ NANCY O. TINCH Nancy O. Tinch Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington D.C. 20044-0146 (202) 305-2078 nancy.tinch@usdoj.gov Dated: February 21, 2023 3