VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01238 Package ID: USCOURTS-cofc-1_21-vv-01238 Petitioner: Tina Michelle Grubbs-Roberts Filed: 2021-04-19 Decided: 2023-01-20 Vaccine: influenza Vaccination date: 2019-08-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Tina Michelle Grubbs-Roberts filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination received on August 27, 2019. She further alleged that her shoulder injury persisted for longer than six months. The respondent conceded that the petitioner was entitled to compensation, noting that she had no recent history of shoulder pain, the onset of pain occurred within forty-eight hours after the vaccination, the pain was limited to the shoulder where the vaccine was administered, and no other condition explained her symptoms. The respondent also confirmed that her SIRVA persisted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found the petitioner entitled to compensation. Subsequently, on January 20, 2023, a decision awarding damages was issued. The respondent proffered an award of $115,000.00, which the petitioner agreed to. The court awarded Tina Michelle Grubbs-Roberts a lump sum payment of $115,000.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01238-0 Date issued/filed: 2023-01-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/14/2022) regarding 31 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01238-UNJ Document 33 Filed 01/18/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1238V UNPUBLISHED TINA MICHELLE GRUBBS- Chief Special Master Corcoran ROBERTS, Filed: December 14, 2022 Petitioner, v. Special Processing Unit (SPU); Ruling on Entitlement; Concession; SECRETARY OF HEALTH AND Table Injury; Influenza (Flu) Vaccine; HUMAN SERVICES, Shoulder Injury Related to Vaccine Administration (SIRVA) Respondent. Kyle Monroe Moore, Law Office of Kyle Moore, Atlanta, GA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 19, 2021, Tina Michelle Grubbs-Roberts 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”) caused by an influenza vaccination she received on August 27, 2019. Petition at 1. Petitioner further alleges that her shoulder injury has persisted longer than six months. Petition at ¶34. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 13, 2022, Respondent filed his Rule 4(c) Report and Proffer on Damages (“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to 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-01238-UNJ Document 33 Filed 01/18/23 Page 2 of 2 compensation in this case. Respondent’s Rule 4(c)/Proffer at 1. Specifically, Respondent states that “Petitioner had no recent history of pain, inflammation, or dysfunction of her right shoulder; the onset of pain occurred within forty-eight hours after receipt of an intramuscular vaccination; the pain was limited to the shoulder where the vaccine was administered; and no other condition or abnormality, such as brachial neuritis, has been identified to explain Petitioner’s right shoulder symptoms.” Id. at 6. Respondent further states that “Petitioner met the statutory requirements by suffering her right SIRVA for more than six months.” Id. at 6. 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-01238-1 Date issued/filed: 2023-01-20 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 12/14/2022) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01238-UNJ Document 35 Filed 01/20/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1238V UNPUBLISHED TINA MICHELLE GRUBBS- Chief Special Master Corcoran ROBERTS, Filed: December 14, 2022 Petitioner, v. Special Processing Unit (SPU); Damages Decision Based on Proffer; SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Shoulder HUMAN SERVICES, Injury Related to Vaccine Administration (SIRVA) Respondent. Kyle Monroe Moore, Law Office of Kyle Moore, Atlanta GA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 19, 2021, Tina Michelle Grubbs-Roberts 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”) caused by an influenza vaccination she received on August 27, 2019. Petition at 1. Petitioner further alleges that her shoulder injury has persisted longer than six months. Petition at ¶34. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 13, 2022, Respondent filed a Rule 4(c) Report and Proffer on Damages (“Rule 4/Proffer”). ECF No. 30. On December 14, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a left SIRVA. ECF No. 31. Respondent’s Rule 4/Proffer indicates that Petitioner should be awarded $115,000.00. 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-01238-UNJ Document 35 Filed 01/20/23 Page 2 of 2 Rule 4/Proffer at 7. In the Rule 4/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 Rule 4/Proffer, I award Petitioner a lump sum payment of $115,000.00 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 the 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