VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00823 Package ID: USCOURTS-cofc-1_22-vv-00823 Petitioner: Patti Paez Filed: 2022-07-28 Decided: 2024-03-07 Vaccine: influenza Vaccination date: 2019-10-08 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 59251 AI-assisted case summary: Patti Paez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination administered to her left arm on October 8, 2019. She further alleged that her symptoms lasted for more than six months. The respondent, the Secretary of Health and Human Services, conceded that Ms. Paez is entitled to compensation. The respondent stated that her injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior history of shoulder issues, pain occurred within 48 hours of vaccination, the pain was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Paez entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $59,251.75, consisting of $57,500.00 for pain and suffering and $1,751.75 for unreimbursed expenses, which Ms. Paez agreed to. The court awarded Ms. Paez the proffered lump sum payment, representing compensation for all damages available under the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00823-0 Date issued/filed: 2024-04-08 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 03/07/2024) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00823-UNJ Document 34 Filed 04/08/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0823V PATTI PAEZ, Chief Special Master Corcoran Petitioner, v. Filed: March 7, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kristina Kay Green, Schwartz Jambois, Chicago, IL, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 28, 2022, Patti Paez 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 (“flu”) vaccination administered to her left arm on October 8, 2019. Petition at 1. Petitioner further alleges that her symptoms lasted for more than six months. Petition at 9. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 7, 2024, Respondent filed a combined Rule 4(c) report and Proffer (“Rule 4/Proffer) in which he concedes that Petitioner is entitled to compensation in this case. Rule 4/Proffer at 1. Specifically, Respondent states that petitioner’s alleged injury 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-00823-UNJ Document 34 Filed 04/08/24 Page 2 of 2 is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, petitioner had no history of pain, inflammation, or dysfunction of her left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner’s shoulder pain.” Id. at 3. Respondent further agrees that “petitioner suffered the residual effects of her condition for more than six months,” and that Petitioner has satisfied all legal prerequisites for compensation under the 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_22-vv-00823-1 Date issued/filed: 2024-04-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 03/07/2024) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00823-UNJ Document 35 Filed 04/08/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0823V PATTI PAEZ, Chief Special Master Corcoran Petitioner, v. Filed: March 7, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Kristina Kay Green, Schwartz Jambois, Chicago, IL, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 28, 2022, Patti Paez 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 (“flu”) vaccination administered to her left arm on October 8, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 7, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On March 7, 2024, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4/Proffer”) indicating Petitioner should be awarded a total of $59,251.75 consisting of $57,500.00 for pain and suffering and $1,751.75 for unreimbursed expenses. Rule 4/Proffer at 4. In the Rule 4/Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on 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-00823-UNJ Document 35 Filed 04/08/24 Page 2 of 2 the record as a whole, I find that Petitioner is entitled to an award as stated in the Rule 4/Proffer. Pursuant to the terms stated in the Rule 4/Proffer, I award Petitioner a lump sum payment of $59,251.75 (consisting of $57,500.00 for pain and suffering and $1,751.75 for unreimbursed 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