VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00125 Package ID: USCOURTS-cofc-1_22-vv-00125 Petitioner: Ronald L. Jopes Filed: 2022-02-07 Decided: 2023-09-25 Vaccine: influenza Vaccination date: 2020-11-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 175989 AI-assisted case summary: Ronald L. Jopes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on November 5, 2020. He alleged the vaccine was administered in the United States, the residual effects of his injuries continued for more than six months, and he had not received prior compensation for his injuries. The respondent conceded that the petitioner's claim met the Table criteria for SIRVA, noting that he had no prior shoulder issues, experienced pain within 48 hours of vaccination, and the pain was limited to the affected shoulder. The respondent also agreed that the case was timely filed, the vaccine was administered in the U.S., and the petitioner met the statutory severity requirement. Based on the respondent's concession and the evidence, the Chief Special Master found the petitioner entitled to compensation. Subsequently, a decision awarding damages was issued, granting a lump sum payment of $175,989.99, which included $175,000.00 for pain and suffering and $989.99 for past unreimbursable expenses. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00125-0 Date issued/filed: 2023-08-21 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 07/21/2023) regarding 44 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00125-UNJ Document 46 Filed 08/21/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0125V RONALD L. JOPES, Chief Special Master Corcoran Petitioner, Filed: July 21, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 7, 2022, Ronald L. Jopes 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza vaccine received on November 5, 2020. Petition at 1-2. Petitioner further alleges that the vaccine was administered in the United States, the residual effects of his injuries continued for more than six months, and he has never received compensation in the form of an award or settlement, or filed a civil action, for his vaccine-related injuries and conditions. Petition at ¶¶ 4, 18-21, 33-34. 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 1:22-vv-00125-UNJ Document 46 Filed 08/21/23 Page 2 of 2 On July 19, 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’s claim meets the Table criteria for SIRVA, in that “petitioner had no history of pain, inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine administration; he more likely than not suffered the onset of pain within forty-eight hours of vaccine administration; his 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 7-8. Respondent further agrees that “the records show 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 of complications of his injury for more than six months after vaccine administration.” Id. at 8. Respondent further notes that Petitioner has averred that he has not received compensation in the form of an award or settlement, or filed a civil action for his injuries. 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_22-vv-00125-1 Date issued/filed: 2023-09-25 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 08/25/2023) regarding 48 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00125-UNJ Document 52 Filed 09/25/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0125V RONALD L. JOPES, Chief Special Master Corcoran Petitioner, Filed: August 25, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 7, 2022, Ronald L. Jopes 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza vaccine received on November 5, 2020. Petition at 1-2. Petitioner further alleges that the vaccine was administered in the United States, the residual effects of his injuries continued for more than six months, and he has never received compensation in the form of an award or settlement, or filed a civil action, for his vaccine-related injuries and conditions. Petition at ¶¶ 4, 18-21, 33-34. The case was assigned to the Special Processing Unit of the Office of Special Masters. On July 21, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On August 25, 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 1:22-vv-00125-UNJ Document 52 Filed 09/25/23 Page 2 of 5 compensation (“Proffer”) indicating Petitioner should be awarded $175,989.99. 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 $175,989.99 (comprised of $175,000.00 in pain and suffering and $989.99 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 1:22-vv-00125-UNJ Document 52 Filed 09/25/23 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) RONALD JOPES, ) ) Petitioner, ) ) No. 22-125V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 7, 2022, Ronald Jopes (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza vaccine he received on November 5, 2020. Petition at 1-2. On July 19, 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 July 21, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 42; ECF No. 44. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $175,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:22-vv-00125-UNJ Document 52 Filed 09/25/23 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $989.99. 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 $175,989.99, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Ronald Jopes: $175,989.99 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 lost earnings and future pain and suffering. 2 Case 1:22-vv-00125-UNJ Document 52 Filed 09/25/23 Page 5 of 5 JULIA M. COLLISON Assistant Director Torts Branch, Civil Division /s/ Bridget A. Corridon BRIDGET A. CORRIDON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-4117 Fax: (202) 616-4310 Email: bridget.corridon@usdoj.gov Date: August 25, 2023 3