VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02072 Package ID: USCOURTS-cofc-1_21-vv-02072 Petitioner: Carol Beck Filed: 2021-10-26 Decided: 2023-11-17 Vaccine: influenza Vaccination date: 2020-09-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50003 AI-assisted case summary: Carol Beck 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 vaccine administered on September 22, 2020. The respondent conceded that Petitioner is entitled to compensation, agreeing that she satisfied the criteria set forth in the Vaccine Injury Table for a SIRVA injury and that the statutory six-month sequela requirement was met. Subsequently, a ruling on entitlement was issued on June 16, 2023, finding Petitioner entitled to compensation. On October 17, 2023, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $50,003.13, comprised of $49,000.00 for pain and suffering and $1,003.13 for unreimbursable expenses. Petitioner agreed with this proffered award. The Chief Special Master found that Petitioner is entitled to an award as stated in the proffer and awarded a lump sum payment of $50,003.13. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02072-0 Date issued/filed: 2023-07-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/16/2023) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02072-UNJ Document 34 Filed 07/17/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2072V CAROL BECK, Chief Special Master Corcoran Petitioner, Filed: June 16, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 26, 2021, Carol Beck 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 that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on September 22, 2020. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 15, 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 “[P]etitioner has satisfied the criteria set forth in the 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-02072-UNJ Document 34 Filed 07/17/23 Page 2 of 2 Vaccine Injury Table and Qualifications and Aids to Interpretation for a SIRVA injury from her flu vaccine.” Id. at 5. Respondent further agrees that “the statutory six-month sequela requirement has been satisfied.” 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-02072-1 Date issued/filed: 2023-11-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 10/17/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02072-UNJ Document 42 Filed 11/17/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2072V CAROL BECK, Chief Special Master Corcoran Petitioner, Filed: October 17, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 26, 2021, Carol Beck 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”) as a result of an influenza vaccine administered on September 22, 2020. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 16, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On October 17, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $50,003.13 (comprised of $49,000.00 for pain and suffering, and $1,003.13 for unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the 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-02072-UNJ Document 42 Filed 11/17/23 Page 2 of 5 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 $50,003.13 (comprised of $49,000.00 for pain and suffering and $1,003.13 for 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-02072-UNJ Document 42 Filed 11/17/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CAROL BECK, Petitioner, No. 21-2072V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 26, 2021, Carol Beck (“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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on September 22, 2020. Petition at 3. On June 15, 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, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on June 16, 2023. ECF No. 30; ECF No. 31. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $49,000.00 in actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:21-vv-02072-UNJ Document 42 Filed 11/17/23 Page 4 of 5 B. Past, Unreimbursible 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 $1003.13 in past unreimbursable expenses. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be 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 be made as a lump sum payment of $50,003.13, in the form of a check payable to petitioner.1 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 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-02072-UNJ Document 42 Filed 11/17/23 Page 5 of 5 /s/ Alexa Roggenkamp ALEXA ROGGENKAMP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4179 alexa.roggenkamp@usdoj.gov DATED: October 17, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02072-cl-extra-10737013 Date issued/filed: 2023-11-17 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10270423 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2072V CAROL BECK, Chief Special Master Corcoran Petitioner, Filed: October 17, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On October 26, 2021, Carol Beck 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”) as a result of an influenza vaccine administered on September 22, 2020. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On June 16, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On October 17, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $50,003.13 (comprised of $49,000.00 for pain and suffering, and $1,003.13 for unreimbursable expenses). Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the 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). 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 $50,003.13 (comprised of $49,000.00 for pain and suffering and $1,003.13 for 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CAROL BECK, Petitioner, v. No. 21-2072V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 26, 2021, Carol Beck (“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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on September 22, 2020. Petition at 3. On June 15, 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, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on June 16, 2023. ECF No. 30; ECF No. 31. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $49,000.00 in actual pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past, Unreimbursible 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 $1003.13 in past unreimbursable expenses. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. The above amounts represent all elements of compensation to which petitioner would be 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 be made as a lump sum payment of $50,003.13, in the form of a check payable to petitioner.1 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 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 /s/ Alexa Roggenkamp ALEXA ROGGENKAMP Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 (202) 616-4179 alexa.roggenkamp@usdoj.gov DATED: October 17, 2023 3