VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00186 Package ID: USCOURTS-cofc-1_23-vv-00186 Petitioner: Patricia Corcoran Filed: 2023-02-09 Decided: 2024-07-15 Vaccine: influenza Vaccination date: 2021-10-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 73255 AI-assisted case summary: Patricia Corcoran filed a petition for compensation under the National Vaccine Injury Compensation Program on February 9, 2023, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 1, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 3, 2024, conceding that Ms. Corcoran's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's position and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 4, 2024, finding Ms. Corcoran entitled to compensation. Subsequently, on June 10, 2024, the respondent filed a Proffer on award of compensation, which Ms. Corcoran agreed to. In a decision finalized on July 15, 2024, Chief Special Master Corcoran awarded Ms. Corcoran a lump sum of $73,255.24. This award consisted of $72,500.00 for pain and suffering and $755.24 for past unreimbursable expenses, representing compensation for all damages available under the program. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Neil Bhargava of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA. Theory of causation field: Petitioner Patricia Corcoran alleged a Table shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 1, 2021. The respondent conceded that the alleged injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 4, 2024, finding petitioner entitled to compensation. A Proffer on award of compensation was filed on June 10, 2024, and agreed to by the petitioner. The final decision on July 15, 2024, awarded a lump sum of $73,255.24, comprising $72,500.00 for pain and suffering and $755.24 for past unreimbursable expenses. The theory of causation relied on the Vaccine Injury Table definition of SIRVA, with no specific medical experts or detailed mechanism of injury described in the public text. Petitioner was represented by Leah VaSahnja Durant and respondent by Neil Bhargava. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00186-0 Date issued/filed: 2024-05-06 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 04/04/2024) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00186-UNJ Document 23 Filed 05/06/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0186V PATRICIA CORCORAN, Chief Special Master Corcoran Petitioner, v. Filed: April 4, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 9, 2023, Patricia Corcoran 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 Table shoulder injury related to vaccine administration (“SIRVA”) as the result of her receipt of an influenza (“flu”) vaccine on October 1, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 3, 2024, 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 alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Id. at 4 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). 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 1:23-vv-00186-UNJ Document 23 Filed 05/06/24 Page 2 of 2 Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 4 – 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_23-vv-00186-1 Date issued/filed: 2024-07-15 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 06/11/2024) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00186-UNJ Document 30 Filed 07/15/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0186V PATRICIA CORCORAN, Chief Special Master Corcoran Petitioner, v. Filed: June 11, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Neil Bhargava, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 9, 2023, Patricia Corcoran 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 alleged that she suffered a Table shoulder injury related to vaccine administration (“SIRVA”) as the result of her receipt of an influenza (“flu”) vaccine on October 1, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On April 4, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On June 10, 2024, Respondent filed a Proffer on award of compensation (“Proffer”). Respondent represented that Petitioner agrees with the 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 1:23-vv-00186-UNJ Document 30 Filed 07/15/24 Page 2 of 5 proffered award. Id. at 1 – 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 the following compensation: A lump sum of $73,255.24 (representing $72,500.00 for pain and suffering, and $755.24 for past unreimbursable expenses) in the form of a check payable to Petitioner. Proffer at 2. This amount represents compensation for all damages that would be available under Section 15(a). Id. 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 1:23-vv-00186-UNJ Document 30 Filed 07/15/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PATRICIA CORCORAN, Petitioner, No. 23-186V v. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 9, 2023, Patricia Corcoran 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 she received on October 21, 2021. Petition at 1. On April 3, 2024, 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 April 4, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 21; ECF No. 22. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $72,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:23-vv-00186-UNJ Document 30 Filed 07/15/24 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that petitioner incurred past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $755.24. See 42 U.S.C. § 300aa- 15(a)(1)(B). 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 lump sum payments as described below and requests that the Special Master’s decision and the Court’s judgment award the following1: A. A lump sum payment of $73,255.24, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment A. Lump sum payable to petitioner, Patricia Corcoran $73,255.24 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 ALEXIS B. BABCOCK Assistant 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Case 1:23-vv-00186-UNJ Document 30 Filed 07/15/24 Page 5 of 5 /s/ Neil Bhargava NEIL BHARGAVA Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 305-3989 Date: June 10, 2024 neil.bhargava@usdoj.gov 3