VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02201 Package ID: USCOURTS-cofc-1_21-vv-02201 Petitioner: Charlene Carter Filed: 2021-11-22 Decided: 2023-10-17 Vaccine: influenza Vaccination date: 2020-11-18 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 108133 AI-assisted case summary: Charlene Carter filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 18, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 18, 2023, conceding that Ms. Carter was entitled to compensation. The respondent agreed that her injury met the criteria for SIRVA as set forth in the Vaccine Injury Table and that she satisfied all legal requirements for compensation under the Vaccine Act. On August 21, 2023, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Ms. Carter eligible for compensation. Subsequently, on September 13, 2023, the respondent filed a Proffer on Award of Compensation, which Ms. Carter agreed to. On October 17, 2023, Chief Special Master Corcoran issued a Decision on Damages. Ms. Carter was awarded a total of $108,133.23, consisting of a lump sum payment of $105,000.00 for pain and suffering and $3,133.23 for past unreimbursable expenses. This award represents all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Meghan Murphy of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Theory of causation field: Petitioner Charlene Carter alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 18, 2020. The respondent conceded entitlement, agreeing that the injury met the criteria for SIRVA on the Vaccine Injury Table. The case proceeded to an award of compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 21, 2023, finding petitioner entitled to compensation. A Proffer on Award of Compensation was filed on September 13, 2023, and agreed to by the petitioner. On October 17, 2023, Chief Special Master Corcoran awarded petitioner $108,133.23, comprising $105,000.00 for pain and suffering and $3,133.23 for past unreimbursable expenses. The theory of causation was based on the Vaccine Injury Table for SIRVA. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP), and respondent was represented by Meghan Murphy (U.S. Department of Justice). Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02201-0 Date issued/filed: 2023-09-22 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/21/2023) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02201-UNJ Document 32 Filed 09/22/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2201V CHARLENE CARTER, Chief Special Master Corcoran Petitioner, v. Filed: August 21, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 22, 2021, Charlene Carter 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”) following receipt of an influenza (“flu”) vaccine on November 18, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 18, 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 criteria set forth in the Table for SIRVA. Id. at 4 (citing 42 C.F.R. §§ 100.3(a), 100.3(c)(10)). Respondent further 1 Because this unpublished 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-02201-UNJ Document 32 Filed 09/22/23 Page 2 of 2 agrees that Petitioner has satisfied all legal requisites 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-02201-1 Date issued/filed: 2023-10-17 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/14/2023 ) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02201-UNJ Document 36 Filed 10/17/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2201V CHARLENE CARTER, Chief Special Master Corcoran Petitioner, v. Filed: September 14, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On November 22, 2021, Charlene Carter 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”) following receipt of an influenza (“flu”) vaccine on November 18, 2020. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 21, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On September 13, 2023, Respondent filed a proffer on award of compensation (“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. 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-02201-UNJ Document 36 Filed 10/17/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $108,133.23 (representing $105,000.00 for pain and suffering, and $3,133.23 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 Case 1:21-vv-02201-UNJ Document 36 Filed 10/17/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) CHARLENE CARTER, ) ) Petitioner, ) ) No. 21-2201V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On November 22, 2021, Charlene Carter (“petitioner”) filed a petition for compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended, alleging that she suffered from a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received on November 18, 2020. See Petition at 1-2. On August 18, 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. ECF No. 28. On August 21, 2023, Chief Special Master Corcoran issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 29. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $105,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees to accept this amount. Case 1:21-vv-02201-UNJ Document 36 Filed 10/17/23 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 $3,133.23. 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 Chief Special Master Corcoran’s decision and the Court’s judgment award the following1: a lump sum payment of $108,133.23, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Charlene Carter: $108,133.23 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:21-vv-02201-UNJ Document 36 Filed 10/17/23 Page 5 of 5 DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division /s/ Meghan R. Murphy MEGHAN R. MURPHY 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) 616-4264 meghan.r.murphy@usdoj.gov DATED: September 13, 2023 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-02201-cl-extra-10735745 Date issued/filed: 2024-04-05 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269155 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2201V CHARLENE CARTER, Chief Special Master Corcoran Petitioner, v. Filed: March 4, 2024 SECRETARY OF HEALTH AND Special Processing Unit (SPU); HUMAN SERVICES, Attorney’s Fees and Costs Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On November 22, 2021, Charlene Carter 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”) following receipt of an influenza (“flu”) vaccine on November 18, 2020. Petition at 1. On September 14, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 31. 1Because 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). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $11,864.39 (representing $11,224.90 in fees plus $639.49 in costs). Petitioner’s Final Motion for Attorney Fees and Cost (“Motion”) filed Dec. 7, 2023, ECF No. 37. In accordance with General Order No. 9, counsel for Petitioner states that Petitioner did not personally incur any out-of-pocket expenses in pursuit of this claim. Motion at 2. Respondent reacted to the motion on December 19, 2023, indicating 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. 38. Petitioner filed no reply. 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. Motion, at 17 - 26. 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 $11,864.39 (representing $11,224.90 in fees plus $639.49 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Leigh Finfer. 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 filing a joint notice renouncing their right to seek review. 2