VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00845 Package ID: USCOURTS-cofc-1_22-vv-00845 Petitioner: Melissa Teichner Filed: 2022-08-02 Decided: 2023-09-29 Vaccine: influenza Vaccination date: 2019-09-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70131 AI-assisted case summary: Melissa Teichner 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 received on September 18, 2019. She further alleged that she suffered residual effects of her injury for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer of Damages, conceding that Petitioner is entitled to compensation. The respondent stated that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, pain occurred within 48 hours post-vaccination, pain was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Petitioner suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent's proffer indicated an award of $70,131.58, comprising $67,500.00 for pain and suffering and $2,631.58 for past unreimbursable expenses, which Petitioner agreed to. The court awarded this lump sum payment to Melissa Teichner. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00845-0 Date issued/filed: 2023-09-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 08/29/2023) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00845-UNJ Document 39 Filed 09/28/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0845V MELISSA TEICHNER, Chief Special Master Corcoran Petitioner, Filed: August 29, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson, P.C., Richmond, VA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 2, 2022, Melissa Teichner 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 vaccination she received on September 18, 2019. Petition at 1. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at ¶21. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 28, 2023, Respondent filed his Rule 4(c) Report and Proffer of Damages (“Rule 4 Report/Proffer”) in which he concedes that Petitioner is entitled to compensation in this case. Rule 4 Report/Proffer at 1. Specifically, Respondent states 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-00845-UNJ Document 39 Filed 09/28/23 Page 2 of 2 that “Petitioner’s alleged injury 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 48 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 3-4. Respondent further agrees that “Petitioner suffered the residual effects of her condition for more than six months.” Id. at 4. 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-00845-1 Date issued/filed: 2023-09-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/29/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00845-UNJ Document 40 Filed 09/29/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0845V MELISSA TEICHNER, Chief Special Master Corcoran Petitioner, Filed: August 29, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson P.C., Richmond, VA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 2, 2022, Melissa Teichner 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 vaccination she received on September 18, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 28, 2023, Respondent filed a Rule 4(c) Report and Proffer of Damages (“Rule 4/Proffer”). ECF No. 33. On August 29, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. Respondent’s Rule 4/Proffer indicates Petitioner should be awarded $70,131.58, representing $67,500.00 in pain and suffering and $2,631.58 in past unreimbursable expenses. Rule 4/Proffer at 4. In the Rule 4/Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. 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-00845-UNJ Document 40 Filed 09/29/23 Page 2 of 2 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 Proffer, I award Petitioner a lump sum payment of $70,131.58 (comprised of $67,500.00 in pain and suffering and $2,631.58 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