VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00916 Package ID: USCOURTS-cofc-1_23-vv-00916 Petitioner: Cheeranjiva Dhanrajh Filed: 2023-12-14 Decided: 2024-03-28 Vaccine: influenza Vaccination date: 2022-02-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 112703 AI-assisted case summary: Cheeranjiva Dhanrajh, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on February 15, 2022. The respondent, the Secretary of Health and Human Services, conceded that Mr. Dhanrajh was entitled to compensation, agreeing that his injury was consistent with a SIRVA as defined by the Vaccine Injury Table. The court issued a ruling on entitlement on December 14, 2023, finding him entitled to compensation. Subsequently, on February 22, 2024, the respondent proffered an award of $112,703.22, which included $112,500.00 for pain and suffering and lost earnings, and $203.22 for past unreimbursed expenses. Mr. Dhanrajh agreed with this proffered award. The court issued a decision awarding damages on March 28, 2024, granting the lump sum payment of $112,703.22 to Mr. Dhanrajh. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00916-0 Date issued/filed: 2024-01-23 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/14/2023) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00916-UNJ Document 18 Filed 01/23/24 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-916V CHEERANJIVA DHANRAJH, Chief Special Master Corcoran Petitioner, Filed: December 14, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 16, 2023, Cheeranjiva Dhanrajh 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccine administered on February 15, 2022. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that he suffered the residual effects of his injury for more than six months, and that there has been no compensation in the form of an award for his injury. Petition at 18. 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-00916-UNJ Document 18 Filed 01/23/24 Page 2 of 2 On December 4, 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 Petitioner’s injury is consistent with a SIRVA as defined the Vaccine Injury Table. Id. at 7. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. 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_23-vv-00916-1 Date issued/filed: 2024-03-28 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/26/2024) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00916-UNJ Document 25 Filed 03/28/24 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-916V CHEERANJIVA DHANRAJH, Chief Special Master Corcoran Petitioner, Filed: February 26, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On June 16, 2023, Cheeranjiva Dhanrajh 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 14, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On February 22, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $112,703.22 (comprised of $112,500.00 for pain and suffering and lost earnings, and $203.22 for past unreimbursed expenses). Proffer at 1. 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). Case 1:23-vv-00916-UNJ Document 25 Filed 03/28/24 Page 2 of 4 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 $112,703.22 (comprised of $112,500.00 for pain and suffering and lost earnings, and $203.22 for past unreimbursed 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 Case 1:23-vv-00916-UNJ Document 25 Filed 03/28/24 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) CHEERANJIVA DHANRAJH, ) ) Petitioner, ) ) No. 23-916V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF DAMAGES On December 4, 2023, respondent, the Secretary of Health and Human Services, filed his Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury Related to Vaccine Administration following an influenza vaccination. ECF Doc. 14. On December 14, 2023, the Court entered its Ruling on Entitlement, finding petitioner Cheeranjiva Dhanrajh entitled to Vaccine Act compensation. ECF Doc. 15. Respondent now proffers that petitioner receive a compensation award consisting of a lump sum of $112,703.22, which amount includes $112,500.00 for pain and suffering and lost earnings, and $203.22 for past unreimbursed expenses, in the form of a check payable to petitioner, Cheeranjiva Dhanrajh.1 This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa- 15(a) to which petitioner is entitled.2 1 Petitioner is a competent adult. No guardianship is required. 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. Case 1:23-vv-00916-UNJ Document 25 Filed 03/28/24 Page 4 of 4 Petitioner agrees with the proffered award of $112,703.22.3 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/Voris E. Johnson, Jr. VORIS E. JOHNSON, JR. Senior Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct Dial: 202-616-3667 Email: Voris.Johnson@usdoj.gov Date: February 22, 2024 3 This proffer does not include any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e). 2