VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01496 Package ID: USCOURTS-cofc-1_22-vv-01496 Petitioner: Pandora Lee Lay Filed: 2022-11-28 Decided: 2024-01-03 Vaccine: influenza Vaccination date: 2019-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: entitlement_granted_pending_damages Award amount USD: AI-assisted case summary: Pandora Lee Lay filed a petition for compensation on November 28, 2022, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 15, 2019. The respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Pandora Lee Lay is entitled to compensation. The ruling addressed entitlement, and the determination of the damages amount is pending. Petitioner was represented by Laurence L. Pinkerton of Pinkerton Law, P.C., and the respondent was represented by Parisa Tabassian of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Pandora Lee Lay received an influenza vaccine on October 15, 2019. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner suffered residual effects for more than six months. Chief Special Master Brian H. Corcoran found entitlement based on the respondent's concession and the evidence of record. The theory of causation is based on the Vaccine Injury Table. The award amount is pending. Petitioner's counsel was Laurence L. Pinkerton, and respondent's counsel was Parisa Tabassian. The decision date was January 3, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01496-0 Date issued/filed: 2024-01-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/28/2023) regarding 27 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01496-UNJ Document 29 Filed 01/03/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1496V PANDORA LEE LAY, Chief Special Master Corcoran Petitioner, Filed: November 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laurence L. Pinkerton, Pinkerton Law, P.C., Tulsa, OK, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 11, 2022, Pandora Lee Lay 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”) vaccine that was administered on October 15, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 27, 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 “has concluded that [P]etitioner’s alleged injury is 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-01496-UNJ Document 29 Filed 01/03/24 Page 2 of 2 consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “[P]etitioner suffered the residual effects of her condition for more than six months.” Id. at 5. 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-01496-cl-extra-10736575 Date issued/filed: 2024-01-03 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269985 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1496V PANDORA LEE LAY, Chief Special Master Corcoran Petitioner, Filed: November 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laurence L. Pinkerton, Pinkerton Law, P.C., Tulsa, OK, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 11, 2022, Pandora Lee Lay 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”) vaccine that was administered on October 15, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 27, 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 “has concluded that [P]etitioner’s alleged injury is 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). consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 4. Respondent further agrees that “[P]etitioner suffered the residual effects of her condition for more than six months.” Id. at 5. 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 3: USCOURTS-cofc-1_22-vv-01496-cl-extra-10735991 Date issued/filed: 2024-03-07 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269401 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1496V PANDORA LEE LAY, Chief Special Master Corcoran Petitioner, Filed: January 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laurence L. Pinkerton, Pinkerton Law, P.C., Tulsa, OK, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 11, 2022, Pandora Lee Lay 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”) vaccine that was administered on October 15, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 28, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On January 29, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $126,646.63 (comprised of $117,500.00 in pain and suffering, $3,826.72 in past unreimbursable expenses, and $5,319.91 in lost wages). Proffer at 1-2. In the Proffer, Respondent 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). 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 $126,646.63 (comprised of $117,500.00 in pain and suffering, $3,826.72 in past unreimbursable expenses, and $5,319.91 in lost wages) 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PANDORA LEE LAY, Petitioner, No. 22-1496V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 11, 2022, Pandora Lee Lay (“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 she suffered a Table shoulder injury related to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination received on October 15, 2019. Petition at 1. On November 27, 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 SIRVA, and on November 28, 2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 26; ECF No. 27. PROFFER I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $117,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 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 $3,826.72. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that she incurred past lost wages related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $5,319.91. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. D. 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 $126,646.63, in the form of a check payable to petitioner. E. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Pandora Lee Lay: $126,646.63 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 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 TRACI R. PATTON Assistant Director Torts Branch, Civil Division s/ PARISA TABASSIAN PARISA TABASSIAN 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) 305-4035 Parisa.Tabassian@usdoj.gov DATED: January 29, 2024 3