VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00380 Package ID: USCOURTS-cofc-1_23-vv-00380 Petitioner: Renee Rini Filed: 2024-01-30 Decided: 2024-04-08 Vaccine: pneumococcal Vaccination date: 2022-03-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65808 AI-assisted case summary: Renee Rini filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) from a pneumococcal vaccine received on March 22, 2022. She claimed the injury resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent confirmed that Rini had no prior shoulder issues, experienced pain within 48 hours of vaccination, and the pain was localized to the injection site, with no other identified cause. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Rini entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $65,000.00 for pain and suffering and $808.62 for past unreimbursable expenses, totaling $65,808.62. Rini agreed with this proffered award. The court awarded Rini a lump sum payment of $65,808.62. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00380-0 Date issued/filed: 2024-03-01 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/30/2024) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00380-UNJ Document 24 Filed 03/01/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-380V RENEE RINI, Chief Special Master Corcoran Petitioner, Filed: January 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 17, 2023, Renee Rini 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 Table injury – shoulder injury related to vaccine administration (“SIRVA”) – as the result of a pneumococcal (“Prevnar”) vaccination received on March 22, 2022. Petition at 1. Petitioner further alleges that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. See Petition at ¶¶ 10-12. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:23-vv-00380-UNJ Document 24 Filed 03/01/24 Page 2 of 2 On January 24, 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 indicates that he has concluded that [P]etitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, [P]etitioner 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 [P]etitioner’s shoulder pain. Id. at 4. Respondent further agrees that Petitioner suffered the sequela of her injury for more than six months and has otherwise established the legal requirements for compensation. Id. (citations omitted). 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-00380-1 Date issued/filed: 2024-04-08 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 03/04/2024) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00380-UNJ Document 32 Filed 04/08/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-380V RENEE RINI, Chief Special Master Corcoran Petitioner, Filed: March 4, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 17, 2023, Renee Rini 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 injury – shoulder injury related to vaccine administration (“SIRVA”) – as the result of a pneumococcal (“Prevnar”) vaccination received on March 22, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 30, 2024, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On March 1, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00 representing pain and suffering, and past unreimbursable expenses in the amount of $808.62. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees 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-00380-UNJ Document 32 Filed 04/08/24 Page 2 of 5 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 $65,808.62 (representing $65,000.00 for pain and suffering, and past unreimbursable expenses of $808.62) 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 Case 1:23-vv-00380-UNJ Document 32 Filed 04/08/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) RENEE RINI, ) ) Petitioner, ) ) No. 23-380V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER OF DAMAGES On March 17, 2023, Renee Rini (“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 shoulder injury related to vaccine administration (“SIRVA”) because of a pneumococcal conjugate (“Prevnar”) vaccine she received in her left deltoid on March 22, 2022. Petition at 1. On January 24, 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 January 30, 2024, the Chief Special Master issued a Ruling on Entitlement finding petitioner was entitled to compensation. ECF Nos. 18, 20. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $65,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. 1 Case 1:23-vv-00380-UNJ Document 32 Filed 04/08/24 Page 4 of 5 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 $808.62. See 42 U.S.C. § 300aa- 15(a)(1)(B). Petitioner agrees. 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 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 $65,808.62, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Renee Rini: $65,808.62 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 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 lost earnings and future pain and suffering. 2 Case 1:23-vv-00380-UNJ Document 32 Filed 04/08/24 Page 5 of 5 TRACI R. PATTON Assistant Director Torts Branch, Civil Division /s/ AUSTIN J. EGAN Austin J. Egan Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel: (202) 451-7479 Austin.J.Egan@usdoj.gov Date: March 1, 2024 3