VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02136 Package ID: USCOURTS-cofc-1_21-vv-02136 Petitioner: Julia Adamczyk Filed: 2021-11-05 Decided: 2022-12-14 Vaccine: influenza Vaccination date: 2018-11-11 Condition: skull fracture and concussion Outcome: compensated Award amount USD: 80414 AI-assisted case summary: On November 5, 2021, Eric Adamczyk, parent and legal guardian of Julia Adamczyk (J.A.), a minor at the time, and J.A. in her own right, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that J.A. suffered injuries, including skull fracture and concussion, resulting from adverse effects of a Fluarix Quadrivalent PFS influenza vaccination received on November 11, 2018. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 26, 2022, conceding that the petitioner met the criteria for a Table injury and experienced six months of residual effects. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 27, 2022, finding the petitioner entitled to compensation. Subsequently, on November 7, 2022, the respondent filed a proffer of compensation. The parties agreed to an award of $80,414.56. This amount consisted of $75,000.00 for actual and projected pain and suffering, and $5,414.56 for out-of-pocket medical expenses paid by J.A.'s father. On November 8, 2022, Chief Special Master Corcoran issued a decision awarding damages based on this proffer. The award was structured as a lump sum of $75,000.00 payable to Julia Adamczyk and a lump sum of $5,414.56 payable jointly to Julia Adamczyk and Eric Adamczyk. Petitioner's counsel was John A. Adamczyk of Adamczyk Law Offices, L.L.P. Respondent's counsel was Katherine Carr Esposito of the U.S. Department of Justice. Theory of causation field: Petitioner Julia Adamczyk, a minor at the time, received a Fluarix Quadrivalent PFS influenza vaccine on November 11, 2018. She alleged injuries including skull fracture and concussion resulting from adverse effects. The respondent conceded that the petitioner met the criteria for a Table injury and experienced six months of residual effects. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 27, 2022, finding the petitioner entitled to compensation. A proffer of compensation was filed on November 7, 2022, agreeing to an award of $80,414.56, comprising $75,000.00 for pain and suffering and $5,414.56 for out-of-pocket medical expenses paid by her father. A decision awarding damages was issued on December 14, 2022. Petitioner's counsel was John A. Adamczyk, and respondent's counsel was Katherine Carr Esposito. The theory of causation relied on the Vaccine Injury Table. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02136-0 Date issued/filed: 2022-11-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/27/2022) regarding 26 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02136-UNJ Document 29 Filed 11/03/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2136V UNPUBLISHED JULIA ADAMCZYK, Chief Special Master Corcoran Petitioner, Filed: September 27, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Table Injury; Influenza Vaccine; Vasovagal Syncope Respondent. John A. Adamczyk, Adamczyk Law Offices, L.L.P., Pittsburg, PA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 5, 2021, Eric Adamczyk, parent and legal guardian of J.A., a minor, and J.A., in her own right, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). J.A., or Julia Adamczyk, is now the petitioner in this matter. Petitioner alleges that she suffered “injuries, including skull fracture and concussion, resulting from adverse effects of Fluarix Quadrivalent PFS (“flu”) vaccination received on November 11, 2018.” Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 26, 2022, 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 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-02136-UNJ Document 29 Filed 11/03/22 Page 2 of 2 forth in the revised Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI.”). Id. at 8. Respondent further agrees that Petitioner experienced six months of residual effects. 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-02136-1 Date issued/filed: 2022-12-14 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 11/08/2022) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02136-UNJ Document 34 Filed 12/14/22 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2136V UNPUBLISHED JULIA ADAMCZYK, Chief Special Master Corcoran Petitioner, Filed: November 8, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Influenza (Flu) Vaccine; Vasovagal Syncope Respondent. John A. Adamczyk, Pittsburg, PA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On November 5, 2021, Eric Adamczyk, parent and legal guardian of J.A., a minor, and J.A., in her own right, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). J.A., or Julia Adamczyk, is now the petitioner in this matter. Petitioner alleges that she suffered “injuries, including skull fracture and concussion, resulting from adverse effects of a Fluarix Quadrivalent PFS (“flu”) vaccination received on November 11, 2018.” Petition at 1.The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 27, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On November 7, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $80,414.56 (consisting of $75,000.00 for actual and projected pain and suffering, and $5,414.56 for out-of-pocket 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-02136-UNJ Document 34 Filed 12/14/22 Page 2 of 5 medical expenses paid for by Petitioner’s father). Proffer at 2-3. 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 the following: (a) a lump sum payment of $75,000.00 for actual and projected pain and suffering in the form of a check payable to the Petitioner; and (b)a lump sum payment of $5,414.56 in the form of a check payable jointly to Petitioner and Eric Adamczyk for out-of-pocket medical expenses. These amounts represent 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-02136-UNJ Document 34 Filed 12/14/22 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JULIA ADAMCZYK, ) ) Petitioner, ) ) No. 21-2136V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER OF COMPENSATION On November 5, 2021, Julia Adamczyk (“petitioner”) filed a Petition for Compensation (“petition”) 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. Petitioner alleges that she suffered “injuries, including skull fracture and concussion” resulting from adverse effects of an influenza vaccination received on November 11, 2018. See Petition at 1. On September 26, 2022, 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 subsequently issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 24; ECF No. 26. I. Items of Compensation Respondent proffers that petitioner be awarded $80,414.56 for all damages available pursuant to 42 U.S.C. § 300aa-15(a). Of the total amount, $75,000.00 represents an award for actual and projected pain and suffering, and the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Of the total amount, $5,414.56 Case 1:21-vv-02136-UNJ Document 34 Filed 12/14/22 Page 4 of 5 represents documented out-of-pocket medical expenses paid for by petitioner’s father, Eric Adamczyk, on petitioner’s behalf when she was a minor. There are no other claimed categories of compensation. Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Petitioner requests and respondent recommends that the compensation provided to petitioner should be made through two lump sum payments, and respondent requests that the Chief Special Master’s decision and the Court’s judgment award the following: 1 (1) a lump sum of $75,000.00 in the form of a check payable to petitioner, Julia Adamczyk; and (2) a lump sum of $5,414.56 in the form of a check payable jointly to petitioner, Julia Adamczyk, and Eric Adamczyk. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Julia Adamczyk: $75,000.00 Lump sum payable jointly to petitioner and Eric Adamczyk: $5,414.56 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 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 medical expenses, future pain and suffering, and future lost wages. 2 Case 1:21-vv-02136-UNJ Document 34 Filed 12/14/22 Page 5 of 5 TRACI R. PATTON Assistant Director Torts Branch, Civil Division s/Katherine C. Esposito Katherine C. Esposito Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington D.C. 20044-0146 Tel: (202) 305-3774 katherine.esposito@usdoj.gov Dated: November 7, 2022 3