VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01619 Package ID: USCOURTS-cofc-1_22-vv-01619 Petitioner: Serina Johnson Filed: 2022-10-31 Decided: 2024-08-14 Vaccine: influenza Vaccination date: 2019-11-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85650 AI-assisted case summary: Serina Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination she received on November 12, 2019. The respondent conceded that her claim met the Table criteria for SIRVA, noting that her pain and reduced range of motion were limited to the injection site and occurred within 48 hours of vaccination. The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and her symptoms persisted for more than six months. Based on the respondent's concession and the evidence, the court found Serina Johnson entitled to compensation. Subsequently, the parties stipulated to an award of $85,031.83 for pain and suffering and past unreimbursable expenses, plus $618.35 to satisfy a Medicaid lien. The total award amounted to $85,650.00. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01619-0 Date issued/filed: 2024-04-03 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/29/2024) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01619-UNJ Document 28 Filed 04/03/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1619V SERINA JOHNSON, Chief Special Master Corcoran Petitioner, Filed: February 29, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On October 31, 2022, Serina Johnson 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”) resulting from adverse effects of an influenza (“flu”) vaccination she received on November 12, 2019. Petition at 1. Petitioner further alleges that the vaccination was administered within the United States, her symptoms persisted for more than six months, and neither she, nor any other party, has ever received compensation or her vaccine-related injury. Petition at 1, 4. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:22-vv-01619-UNJ Document 28 Filed 04/03/24 Page 2 of 2 On November 29, 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. Respondent concluded that Petitioner’s claim meets the Table criteria for SIRVA. Id. at 8. Specifically, Respondent determined that “[P]etitioner had no history of pain, inflammation, or dysfunction of the affected shoulder prior to intramuscular vaccine administration that would explain the alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine injection; she more likely than not suffered the onset of pain within forty-eight hours of vaccine administration; her 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. Respondent further agrees that “this 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 or complications of her alleged injury for more than six months after vaccine administration.” 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-01619-1 Date issued/filed: 2024-08-14 Pages: 6 Docket text: PUBLIC DECISION (Originally filed: 07/15/2024) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01619-UNJ Document 38 Filed 08/14/24 Page 1 of 6 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1619V SERINA JOHNSON, Chief Special Master Corcoran Petitioner, Filed: July 15, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Joseph D. Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 31, 2022, Serina Johnson 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 right shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on November 12, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 29, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On July 11, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $85,031.83, representing $85,000.00 in pain and suffering damages and $31.83 for past unreimbursable expenses. Proffer at 2. Respondent further indicates that $618.35 should be jointly awarded to Petitioner and The Rawlings Company, LLC, representing 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-01619-UNJ Document 38 Filed 08/14/24 Page 2 of 6 satisfaction of the State of Maryland Medicaid lien. Id. 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 the following: 1) a lump sum payment of $85,031.83 in the form of a check payable to Petitioner; and 2) a lump sum payment of $618.35, representing compensation for the satisfaction of the State of Maryland Medicaid lien, in the form of a check payable jointly to Petitioner and The Rawlings Company, LLC, ATTN: Letitia Robinson, Reference No.: 149266801, P.O. Box. 2000, La Grange, KY 40031- 2000. These amounts represent 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-01619-UNJ Document 38 Filed 08/14/24 Page 3 of 6 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS SERINA JOHNSON, Petitioner, v. No. 22-1619V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 31, 2022, Serina Johnson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered a right-sided shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccination that she received on November 12, 2019. ECF No. 1 at 1. On November 29, 2023, respondent filed a Rule 4(c) Report, recommending that compensation be awarded. ECF No. 23. On February 29, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement, agreeing with respondent that petitioner is entitled to compensation. ECF No. 24 at 2. I. Items of Compensation a. Pain and Suffering Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:22-vv-01619-UNJ Document 38 Filed 08/14/24 Page 4 of 6 b. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the total amount of $31.83. See 42 U.S.C. §300aa- 15(a)(1)(B). Petitioner agrees. c. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Maryland’s and the Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc.’s (“Kaiser Foundation”) Medicaid Lien1 in the amount of $618.35, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Maryland or the Kaiser Foundation may have against any individual as a result of any Medicaid payments the State of Maryland or the Kaiser Foundation has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine- related injury suffered on or about November 12, 2019 under Title XIX of the Social Security Act. 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 1 Based on information provided by petitioner to respondent, The Rawlings Company, LLC, is engaged in pursuing the State of Maryland Medicaid lien on behalf of the Kaiser Foundation. 2 Case 1:22-vv-01619-UNJ Document 38 Filed 08/14/24 Page 5 of 6 one lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following:2 a. A lump sum payment of $85,031.83, in the form of a check payable to petitioner; and b. A lump sum payment of $618.35, representing compensation for the satisfaction of the State of Maryland Medicaid lien, in the form of a check payable jointly to petitioner and: The Rawlings Company, LLC ATTN: Letitia Robinson Reference No.: 149266801 P.O. Box 2000 La Grange, KY 40031-2000 Petitioner agrees to endorse the check to the above payee for satisfaction of the Medicaid lien. 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 2 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. 3 Case 1:22-vv-01619-UNJ Document 38 Filed 08/14/24 Page 6 of 6 /s/ Joseph Leavitt JOSEPH D. LEAVITT 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) 616-0515 Email: joseph.leavitt@usdoj.gov Dated: July 10, 2024 4 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_22-vv-01619-cl-extra-10734520 Date issued/filed: 2024-08-14 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267930 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1619V SERINA JOHNSON, Chief Special Master Corcoran Petitioner, Filed: July 15, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Joseph D. Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On October 31, 2022, Serina Johnson 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 right shoulder injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on November 12, 2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 29, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On July 11, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $85,031.83, representing $85,000.00 in pain and suffering damages and $31.83 for past unreimbursable expenses. Proffer at 2. Respondent further indicates that $618.35 should be jointly awarded to Petitioner and The Rawlings Company, LLC, representing 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). satisfaction of the State of Maryland Medicaid lien. Id. 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 the following: 1) a lump sum payment of $85,031.83 in the form of a check payable to Petitioner; and 2) a lump sum payment of $618.35, representing compensation for the satisfaction of the State of Maryland Medicaid lien, in the form of a check payable jointly to Petitioner and The Rawlings Company, LLC, ATTN: Letitia Robinson, Reference No.: 149266801, P.O. Box. 2000, La Grange, KY 40031- 2000. These amounts represent 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 SERINA JOHNSON, Petitioner, v. No. 22-1619V (ECF) Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On October 31, 2022, Serina Johnson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging that she suffered a right-sided shoulder injury related to vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza (“flu”) vaccination that she received on November 12, 2019. ECF No. 1 at 1. On November 29, 2023, respondent filed a Rule 4(c) Report, recommending that compensation be awarded. ECF No. 23. On February 29, 2024, Chief Special Master Corcoran issued a Ruling on Entitlement, agreeing with respondent that petitioner is entitled to compensation. ECF No. 24 at 2. I. Items of Compensation a. Pain and Suffering Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. b. Past Unreimbursable Expenses Evidence supplied by petitioner documents that she incurred past unreimbursable expenses pertaining to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the total amount of $31.83. See 42 U.S.C. §300aa- 15(a)(1)(B). Petitioner agrees. c. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Maryland’s and the Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc.’s (“Kaiser Foundation”) Medicaid Lien 1 in the amount of $618.35, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Maryland or the Kaiser Foundation may have against any individual as a result of any Medicaid payments the State of Maryland or the Kaiser Foundation has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine- related injury suffered on or about November 12, 2019 under Title XIX of the Social Security Act. 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 1 Based on information provided by petitioner to respondent, The Rawlings Company, LLC, is engaged in pursuing the State of Maryland Medicaid lien on behalf of the Kaiser Foundation. 2 one lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following:2 a. A lump sum payment of $85,031.83, in the form of a check payable to petitioner; and b. A lump sum payment of $618.35, representing compensation for the satisfaction of the State of Maryland Medicaid lien, in the form of a check payable jointly to petitioner and: The Rawlings Company, LLC ATTN: Letitia Robinson Reference No.: 149266801 P.O. Box 2000 La Grange, KY 40031-2000 Petitioner agrees to endorse the check to the above payee for satisfaction of the Medicaid lien. 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 LARA A. ENGLUND Assistant Director Torts Branch, Civil Division 2 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. 3 /s/ Joseph Leavitt JOSEPH D. LEAVITT 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) 616-0515 Email: joseph.leavitt@usdoj.gov Dated: July 10, 2024 4