VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01293 Package ID: USCOURTS-cofc-1_23-vv-01293 Petitioner: Laura Weissbach Filed: 2024-02-27 Decided: 2024-06-06 Vaccine: influenza Vaccination date: 2021-10-19 Condition: SIRVA Outcome: compensated Award amount USD: 74381 AI-assisted case summary: Laura Weissbach filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table Injury of SIRVA (shoulder injury related to vaccine administration) resulting from an influenza vaccine she received on October 19, 2021. The respondent conceded that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent further agreed that Ms. Weissbach had no prior history of shoulder pain, that her pain occurred within 48 hours after vaccination, was limited to the injection site, and that no other condition explained her pain. The respondent also confirmed that the residual effects of her condition lasted for more than six months. Based on the respondent's concession and the evidence of record, the court found Ms. Weissbach entitled to compensation. Subsequently, the parties stipulated to an award of $74,381.85, consisting of $72,500.00 for pain and suffering and $1,881.85 for past unreimbursable expenses. The court issued a decision awarding this amount as a lump sum payment. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01293-0 Date issued/filed: 2024-03-29 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/27/2024) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01293-UNJ Document 23 Filed 03/29/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1293V LAURA WEISSBACH, Chief Special Master Corcoran Petitioner, v. Filed: February 27, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 10, 2023, Laura Weissbach 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 of SIRVA, resulting from an influenza vaccine she received on October 19, 2021. Petition at 1. Petitioner further alleges that her vaccine injury lasted for more than six months. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 26, 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 states that “petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that 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-01293-UNJ Document 23 Filed 03/29/24 Page 2 of 2 “petitioner 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 petitioner’s shoulder pain. . . . Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months.” Id. at 5-6. 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-01293-cl-extra-10735790 Date issued/filed: 2024-03-29 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10269200 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1293V LAURA WEISSBACH, Chief Special Master Corcoran Petitioner, v. Filed: February 27, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 10, 2023, Laura Weissbach 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 of SIRVA, resulting from an influenza vaccine she received on October 19, 2021. Petition at 1. Petitioner further alleges that her vaccine injury lasted for more than six months. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 26, 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 states that “petitioner’s alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that 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). “petitioner 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 petitioner’s shoulder pain. . . . Additionally, based on the medical records outlined above, petitioner suffered the residual effects of her condition for more than six months.” Id. at 5-6. 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 3: USCOURTS-cofc-1_23-vv-01293-1 Date issued/filed: 2024-06-06 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 05/06/2024) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01293-UNJ Document 36 Filed 06/06/24 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1293V LAURA WEISSBACH, Petitioner, Chief Special Master Corcoran v. Filed: May 6, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 10, 2023, Laura Weissbach 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 of SIRVA, resulting from an influenza vaccine she received on October 19, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 27, 2024, a ruling on entitlement was issued finding Petitioner entitled to compensation. On May 6, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $74,381.85, consisting of $72,500.00, in pain and suffering and $1,881.85, for past unreimbursable expenses. Proffer at 1-2. In the Proffer, 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 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-01293-UNJ Document 36 Filed 06/06/24 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $74,381.85 (consisting of $72,500.00, in pain and suffering and $1,881.85), 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-01293-UNJ Document 36 Filed 06/06/24 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LAURA WEISSBACH, Petitioner, No. 23-1293V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 10, 2023, Laura Weissbach (“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”) as a result of an influenza (“flu”) vaccine administered on October 19, 2021. ECF No. 1 at 1. On February 26, 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. ECF No. 19. On February 27, 2024, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 20. 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. Case 1:23-vv-01293-UNJ Document 36 Filed 06/06/24 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1881.85. 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 $74,381.85, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Laura Weissbach: $74,381.85 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO 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-01293-UNJ Document 36 Filed 06/06/24 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Zoë R. Wade ZOË R. WADE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 616-4118 zoe.wade@usdoj.gov Date: May 6, 2024 3 ================================================================================ DOCUMENT 4: USCOURTS-cofc-1_23-vv-01293-cl-extra-10735094 Date issued/filed: 2024-06-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10268504 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1293V LAURA WEISSBACH, Petitioner, Chief Special Master Corcoran v. Filed: May 6, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 10, 2023, Laura Weissbach 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 of SIRVA, resulting from an influenza vaccine she received on October 19, 2021. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 27, 2024, a ruling on entitlement was issued finding Petitioner entitled to compensation. On May 6, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $74,381.85, consisting of $72,500.00, in pain and suffering and $1,881.85, for past unreimbursable expenses. Proffer at 1-2. In the Proffer, 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 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 the attached Proffer, I award Petitioner a lump sum payment of $74,381.85 (consisting of $72,500.00, in pain and suffering and $1,881.85), 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS LAURA WEISSBACH, Petitioner, No. 23-1293V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On August 10, 2023, Laura Weissbach (“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”) as a result of an influenza (“flu”) vaccine administered on October 19, 2021. ECF No. 1 at 1. On February 26, 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. ECF No. 19. On February 27, 2024, the Court issued a Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 20. 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. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1881.85. 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 following 1: a lump sum payment of $74,381.85, in the form of a check payable to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Laura Weissbach: $74,381.85 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO 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 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division /s/ Zoë R. Wade ZOË R. WADE Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146, Ben Franklin Station Washington, DC 20044-0146 Tel.: (202) 616-4118 zoe.wade@usdoj.gov Date: May 6, 2024 3 ================================================================================ DOCUMENT 5: USCOURTS-cofc-1_23-vv-01293-cl-extra-10734200 Date issued/filed: 2024-09-20 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267610 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1293V LAURA WEISSBACH, Chief Special Master Corcoran Petitioner, v. Filed: August 20, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS 1 On August 10, 2023, Laura Weissbach 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 Injury of SIRVA, resulting from an influenza vaccine she received on October 19, 2021. Petition, ECF No. 1. On May 6, 2024, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 28. 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 inf ormation, 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 f rom 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 ref erences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $26,247.68 (representing $24,746.50 in fees plus $1,501.18 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed May 7, 2024, ECF No. 33. Furthermore, Petitioner filed a signed statement representing that she incurred no personal out-of- pocket expenses. ECF No. 32. Respondent reacted to the motion on May 8, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 34. Petitioner represents that she did not intend to file a substantive reply thereafter. ECF No. 35. I have reviewed the billing records submitted with Petitioner’s request. In my experience, the request appears reasonable, and I find no cause to reduce the requested hours or rates. Furthermore, Petitioner has provided supporting documentation for all claimed costs. ECF No. 33-3. Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $26,247.68 (representing $24,746.50 in fees plus $1,501.18 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel, Daniel Alholm. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by f iling a joint notice renouncing their right to seek review. 2