VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01638 Package ID: USCOURTS-cofc-1_21-vv-01638 Petitioner: Yvonne Romo Filed: 2021-07-30 Decided: 2023-05-23 Vaccine: influenza Vaccination date: 2020-09-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52897 AI-assisted case summary: Yvonne Romo 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 she received on September 22, 2020. The petition was filed on July 30, 2021. Respondent conceded that Petitioner's claim met the Table criteria for SIRVA, finding that she had no prior shoulder issues, experienced pain within 48 hours of the vaccination, and that the pain and reduced range of motion were limited to the injection shoulder. Respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and the injury lasted more than six months. Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. The parties subsequently agreed to a proffer of award. The decision on May 23, 2023, awarded Yvonne Romo a total of $52,897.64, comprising $52,500.00 for pain and suffering and $397.64 for past unreimbursable expenses. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01638-0 Date issued/filed: 2023-05-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/20/2023 ) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01638-UNJ Document 32 Filed 05/22/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1638V UNPUBLISHED YVONNE ROMO, Chief Special Master Corcoran Petitioner, Filed: April 20, 2023 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement;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) Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 30, 2021, Yvonne Romo 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 suffered a shoulder injury related to vaccine administration (SIRVA) resulting from adverse effects of an influenza (flu) vaccination she received on September 22, 2020. Petition at 1, 3. Petitioner further alleges that the vaccination was administered within the United States, her vaccine-related injuries lasted more than six months, and neither she, nor any other party, has ever brought an action, or received compensation in the form of an award or settlement for her vaccine-related injuries. Petition at 1-3. 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-01638-UNJ Document 32 Filed 05/22/23 Page 2 of 2 On April 20, 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. Respondent concluded that “[P]etitioner’sclaim meets the Table criteria for SIRVA.” Id. at 3. Specifically, Respondent determined that Petitioner “had no history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; 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 3-4. Respondent further agrees that “the case was timely filed, that the vaccine was received in the United States, and that Petitioner satisfies the statutory severity requirement by suffering the residual effects or complications of her injury for more than six months after vaccine administration.” 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-01638-1 Date issued/filed: 2023-05-23 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 04/20/2023) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01638-UNJ Document 33 Filed 05/23/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1638V UNPUBLISHED YVONNE ROMO, Chief Special Master Corcoran Petitioner, Filed: April 20, 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) Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 30, 2021, Yvonne Romo 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 suffered a shoulder injury related to vaccine administration (SIRVA) resulting from adverse effects of an influenza (flu) vaccination she received on September 22, 2020. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 20, 2023, Respondent filed a combined Rule 4(c) report and proffer on award of compensation (“Proffer”). Also, on April 20, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. In the Proffer, Respondent indicated that Petitioner should be awarded $52,500.00 for pain and suffering and $397.64 for past unreimbursable expenses. Proffer at 4. Also 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-01638-UNJ Document 33 Filed 05/23/23 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 Proffer. Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $52,897.64 ($52,500.00 for pain and suffering and $397.64 for 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