VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01168 Package ID: USCOURTS-cofc-1_23-vv-01168 Petitioner: Eunice Hawkins Filed: 2025-01-23 Decided: 2025-02-27 Vaccine: influenza Vaccination date: 2021-09-13 Condition: left arm injury Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Eunice Hawkins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left arm injury following an influenza vaccination she received on September 13, 2021. The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Hawkins is entitled to compensation. The respondent stated that her claim meets the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). Specifically, the respondent noted that Ms. Hawkins had no prior history of shoulder issues, that her pain began within forty-eight hours of the vaccination, and that her symptoms were limited to the injection site shoulder. The respondent also confirmed that the claim was timely filed, the vaccine was received in the United States, and Ms. Hawkins met the statutory severity requirement by suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Hawkins entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had proffered an award of $30,000.00 for pain and suffering, which Ms. Hawkins agreed to. The court awarded Ms. Hawkins a lump sum payment of $30,000.00 for her pain and suffering. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01168-0 Date issued/filed: 2025-02-26 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 01/23/2025) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01168-UNJ Document 30 Filed 02/26/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1168V EUNICE HAWKINS, Chief Special Master Corcoran Petitioner, Filed: January 23, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Gregory Rogers, Rogers, Hofrichter & Karrh, LLC, Fayetteville, GA 30214, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On July 28, 2023, Eunice Hawkins 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 left arm injury following an influenza vaccination she received on September 13, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 22, 2025, Respondent filed a combined Rule 4(c) Report Recommending Compensation and Proffer of Compensation (ECF No. 25) in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1, 4. Respondent states that “Petitioner ‘s claim meets the Table criteria for 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-01168-UNJ Document 30 Filed 02/26/25 Page 2 of 2 SIRVA. Specifically, Petitioner 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 vaccination was administered; and there Is no other condition or abnormality present that would explain Petitioner’s symptoms.” Id. at 4. Respondent further agrees that “the records show that the 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 of her 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_23-vv-01168-1 Date issued/filed: 2025-02-27 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/23/2025) regarding 27 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01168-UNJ Document 31 Filed 02/27/25 Page 1 of 2 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1168V EUNICE HAWKINS, Chief Special Master Corcoran Petitioner, Filed: January 23, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Gregory Rogers, Rogers, Hofrichter & Karrh, LLC, Fayetteville, GA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On July 28, 2023, Eunice Hawkins 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 left arm injury following an influenza vaccination she received on September 13, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 23, 2025, I issued a ruling on entitlement, finding Petitioner entitled to compensation for her SIRVA. In this case, Respondent filed a combined Rule 4(c) Report Recommending Compensation and Proffer of Compensation (ECF No. 25) (“Rule 4(c) Report and Proffer”) indicating Petitioner should be awarded $30,000.00 in pain and suffering. Rule 4(c) Report and Proffer at 5. 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 Rule 4(c) Report and Proffer. 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-01168-UNJ Document 31 Filed 02/27/25 Page 2 of 2 Pursuant to the terms stated in combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $30,000.00 for her pain and suffering, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 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 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_23-vv-01168-cl-extra-10813652 Date issued/filed: 2025-02-27 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10347064 -------------------------------------------------------------------------------- CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1168V EUNICE HAWKINS, Chief Special Master Corcoran Petitioner, Filed: January 23, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. David Gregory Rogers, Rogers, Hofrichter & Karrh, LLC, Fayetteville, GA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES 1 On July 28, 2023, Eunice Hawkins 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 left arm injury following an influenza vaccination she received on September 13, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 23, 2025, I issued a ruling on entitlement, finding Petitioner entitled to compensation for her SIRVA. In this case, Respondent filed a combined Rule 4(c) Report Recommending Compensation and Proffer of Compensation (ECF No. 25) (“Rule 4(c) Report and Proffer”) indicating Petitioner should be awarded $30,000.00 in pain and suffering. Rule 4(c) Report and Proffer at 5. 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 Rule 4(c) Report and Proffer. 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). Pursuant to the terms stated in combined Rule 4(c) Report and Proffer, 3 I award Petitioner a lump sum payment of $30,000.00 for her pain and suffering, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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. 4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 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