VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01247 Package ID: USCOURTS-cofc-1_21-vv-01247 Petitioner: Amanda Farlin Filed: 2021-04-19 Decided: 2023-09-26 Vaccine: influenza Vaccination date: 2020-10-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 69490 AI-assisted case summary: Amanda Farlin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 13, 2020. She stated the vaccine was received in the United States, her symptoms continued for more than six months, and she had no prior awards or settlements for this condition. The respondent filed a Rule 4(c) report conceding that Ms. Farlin is entitled to compensation. The respondent agreed that she satisfied the Table and Qualifications and Aids to Interpretation criteria for SIRVA, noting her lack of prior shoulder issues, the onset of pain within 48 hours of vaccination, the limitation of pain and reduced range of motion to the injection site, and the absence of any other condition to explain her symptoms. The respondent also confirmed she met the filing, location, and duration requirements. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Farlin entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent filed a proffer on award of compensation, indicating Ms. Farlin should be awarded $69,490.62, which included $65,000.00 for pain and suffering and $4,490.62 for past unreimbursable expenses. Ms. Farlin agreed with this proffered award. The Chief Special Master awarded Ms. Farlin the lump sum of $69,490.62. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01247-0 Date issued/filed: 2023-07-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/26/2023) regarding 41 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01247-UNJ Document 44 Filed 07/28/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1247V AMANDA FARLIN, Chief Special Master Corcoran Petitioner, Filed: June 26, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Howard Dale Mishkind, Mishkind Law Firm Co., L.P.A., Beachwood, OH, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On April 19, 2021, Amanda Farlin 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”) resulting from an influenza (“flu”) vaccine received in her left arm on October 13, 2020. Petition at 1. Petitioner further alleges that the vaccine was received in the United States, her symptoms continued for more than six months, and there have been no prior awards or settlements of a civil action for damages as a result of her condition. Petition at ¶¶ 2, 12 15. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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-01247-UNJ Document 44 Filed 07/28/23 Page 2 of 2 On June 26, 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 agrees that Petitioner has satisfied the Table and Qualifications and Aids to Interpretation criteria for SIRVA, in that “petitioner had no history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration; she more likely than not suffered the onset of pain within forty-eight hours of vaccine administration; her pain and reduced range of motion were limited to the shoulder in which the intramuscular vaccine was administered; and there is no other condition or abnormality present that would explain petitioner’s symptoms.” Id. at 5-6. Respondent further agrees that “the records show that petitioner timely filed her case, that she received the flu vaccine in the United States, and that she satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” Id. at 6. Respondent further notes that Petitioner alleges there have been no prior award or settlements of a civil action for damages as a result of her condition. Id. Thus, Respondent agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine 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-01247-1 Date issued/filed: 2023-09-26 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/10/2023) regarding 47 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01247-UNJ Document 53 Filed 09/26/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1247V AMANDA FARLIN, Chief Special Master Corcoran Petitioner, Filed: August 10, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Howard Dale Mishkind, Mishkind Law Firm Co., L.P.A., Cleveland, OH, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 19, 2021, Amanda Farlin 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”) resulting from an influenza (“flu”) vaccine received in her left arm on October 13, 2020. Petition at 1. Petitioner further alleges that the vaccine was received in the United States, her symptoms continued for more than six months, and there have been no prior awards or settlements of a civil action for damages as a result of her condition. Petition at ¶¶ 2, 12 15. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 26, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 10, 2023, Respondent filed a proffer on award 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-01247-UNJ Document 53 Filed 09/26/23 Page 2 of 5 compensation (“Proffer”) indicating Petitioner should be awarded $69,490.62. 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 $69,490.62 (comprised of $65,000.00 in pain and suffering and $4,490.62 in 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-01247-UNJ Document 53 Filed 09/26/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS AMANDA FARLIN, Petitioner, No. 21-1247V ECF v. Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On April 19, 2021, Amanda Farlin (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (the “Vaccine Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she received an influenza (“flu”) vaccination on October 13, 2020, and thereafter suffered from a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. On June 26, 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 the same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 40; ECF No. 41. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-01247-UNJ Document 53 Filed 09/26/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $4,490.62. 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 $69,490.62, in the form of a check payable to petitioner. III. Summary of Recommended Payment Following Judgment Lump sum payable to petitioner, Amanda Farlin: $69,490.62 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO 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-01247-UNJ Document 53 Filed 09/26/23 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/CAMILLE J. WEBSTER CAMILLE J. WEBSTER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 307-3241 Email: Camille.Webster@usdoj.gov Dated: August 10, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01247-cl-extra-10736625 Date issued/filed: 2024-01-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270035 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1247V AMANDA FARLIN, Chief Special Master Corcoran Petitioner, v. Filed: November 21, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Howard Dale Mishkind, Mishkind Law Firm Co., L.P.A., Cleveland, OH, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On April 19, 2021, Amanda Farlin 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 resulting from an influenza vaccine received in her left arm on October 13, 2020. Petition, ECF No. 1. On August 10, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 47. 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 $34,101.00 (representing $33,701.00 in fees plus $400.00 in costs). Petitioner’s Application for Fees and Costs (“Motion”) filed Sept. 10, 2023, ECF No. 51. In accordance with General Order No. 9, counsel for Petitioner represents that Petitioner incurred no out-of-pocket expenses. Id. at 3. Respondent reacted to the motion on Sept. 14, 2023, reporting that he is satisfied that the statutory requirements for an award of attorney’s fees and costs are met in this case, but deferring resolution of the amount to be awarded to my discretion. Respondent’s Response to Motion at 2-3, ECF No. 52. Petitioner did not file a reply thereafter. 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. Respondent offered no specific objection to the rates or amounts sought. 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 $34,101.00 (representing $33,701.00 in fees plus $400.00 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Howard D. Mishkind. 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