VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00978 Package ID: USCOURTS-cofc-1_23-vv-00978 Petitioner: Renae Walker Filed: 2023-06-27 Decided: 2024-05-24 Vaccine: influenza Vaccination date: 2020-09-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 37500 AI-assisted case summary: Renae Walker filed a petition for compensation under the National Vaccine Injury Compensation Program on June 27, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 18, 2020. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on May 24, 2024, conceding that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 24, 2024, finding Petitioner entitled to compensation. Subsequently, on May 24, 2024, Chief Special Master Corcoran issued a Decision on Damages, awarding Renae Walker a lump sum of $37,500.00 for pain and suffering. The parties stipulated to this award amount. David Gregory Rogers represented the Petitioner, and Rachelle Bishop represented the Respondent. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Renae Walker alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 18, 2020. The Respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. The case proceeded as a Table claim. The public text does not name specific medical experts or detail the mechanism of injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 24, 2024, and a Decision on Damages on May 24, 2024, awarding Petitioner a lump sum of $37,500.00 for pain and suffering. Petitioner was represented by David Gregory Rogers, and Respondent was represented by Rachelle Bishop. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00978-0 Date issued/filed: 2024-06-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 05/24/2024) regarding 19 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00978-UNJ Document 21 Filed 06/24/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0978V RENAE WALKER, Chief Special Master Corcoran Petitioner, v. Filed: May 24, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Gregory Rogers, Rogers, Hofrichter & Karrh, LLC, Fayetteville, GA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On June 27, 2023, Renae Walker (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petition (ECF No. 1); see also Amended Petition filed Apr. 11, 2024 (ECF No. 18). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination which she received on September 18, 2020. Am. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 24, 2024, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer at 1. Specifically, Respondent states that Petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table (the “Table”). Id. at 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 (2012). Case 1:23-vv-00978-UNJ Document 21 Filed 06/24/24 Page 2 of 2 5 (citing 42 C.F.R. §§ 100.3(a), (c)(10)). Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Act. Id. (citing Section 13(a)(1)(B); Section 11(c)(1)(D)(i)). 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-00978-1 Date issued/filed: 2024-06-25 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/24/2024) regarding 20 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00978-UNJ Document 22 Filed 06/25/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0978V RENAE WALKER, Chief Special Master Corcoran Petitioner, v. Filed: May 24, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Gregory Rogers, Rogers, Hofrichter & Karrh, LLC, Fayetteville, GA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON DAMAGES1 On June 27, 2023, Renae Walker (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petition (ECF No. 1); see also Amended Petition filed Apr. 11, 2024 (ECF No. 18). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination which she received on September 18, 2020. Am. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On May 24, 2024, Respondent filed a combined Rule 4(c) Report and Proffer in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer at 1, 5. That same day, I issued a Ruling on Entitlement. 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 (2012). Case 1:23-vv-00978-UNJ Document 22 Filed 06/25/24 Page 2 of 2 Respondent represents that Petitioner agrees to his proffer on an award of compensation. Respondent’s Rule 4(c) Report and Proffer at 6. 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 combined Rule 4(c) Report and Proffer,3 I award the following compensation: A lump sum of $37,500.00 (for pain and suffering) in the form of a check payable to Petitioner. Respondent’s Rule 4(c) Report and Proffer at 6. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the combined Rule 4(c) Report and Proffer contains information regarding Petitioner’s personal medical history, which is not generally included in a Proffer when separately filed, it is not attached hereto. 4 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