VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00842 Package ID: USCOURTS-cofc-1_24-vv-00842 Petitioner: Jamie Drake Filed: 2025-02-28 Decided: 2025-04-04 Vaccine: influenza Vaccination date: 2022-12-14 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 39167 AI-assisted case summary: Jamie Drake filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2025, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on December 14, 2022. Ms. Drake alleged that the vaccine was administered in the United States, that her injury lasted for more than six months, and that she had not filed any other action for her vaccine-related injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 25, 2025, conceding entitlement to compensation. The respondent concluded that Ms. Drake's injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 4, 2025, finding Petitioner entitled to compensation. Subsequently, on April 4, 2025, Chief Special Master Corcoran issued a Decision awarding damages based on a proffer of compensation agreed upon by both parties. The total award amounted to $39,167.69, comprising $39,000.00 for pain and suffering and $167.69 for past unreimbursed expenses. This award was to be paid as a lump sum through an ACH deposit to Petitioner's counsel's IOLTA account. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by James Connor Daughton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as a SIRVA. Theory of causation field: Petitioner Jamie Drake alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on December 14, 2022. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 4, 2025, and a Decision awarding damages on April 4, 2025. The award was a lump sum of $39,167.69, consisting of $39,000.00 for pain and suffering and $167.69 for past unreimbursed expenses, based on a joint proffer of damages. Petitioner's counsel was Laura Levenberg, and Respondent's counsel was James Connor Daughton. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00842-0 Date issued/filed: 2025-04-04 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/28/2025) regarding 17 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00842-UNJ Document 23 Filed 04/04/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-842V JAMIE DRAKE, Chief Special Master Corcoran Petitioner, Filed: February 28, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On May 32, 2024, Jamie Drake 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of an influenza (“flu”) vaccine on December 14, 2022. Petition at 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered from her injury for more than six months, and that she has not filed any other action for his vaccine-related injury. Petition at 1-2. 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 1:24-vv-00842-UNJ Document 23 Filed 04/04/25 Page 2 of 2 On February 25, 2025, 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 Conceding Entitlement to Compensation and Proffer of Damages at 1. Specifically, Respondent has concluded that Petitioner’s injury is consistent with a SIRVA as defined by the Vaccine Injury Table. Id. at 5. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00842-1 Date issued/filed: 2025-04-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/28/2025) regarding 18 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00842-UNJ Document 24 Filed 04/04/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-842V JAMIE DRAKE, Chief Special Master Corcoran Petitioner, Filed: February 28, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. James Connor Daughton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 31, 2024, Jamie Drake 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 shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccine administered on December 14, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 28, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On February 25, 2025, Respondent filed a proffer on award of compensation indicating Petitioner should be awarded $39,167.69 (comprised of $39,000.00 for pain and suffering and $167.69 for past unreimbursed expenses). Respondent’s Rule 4(c) Report Conceding Entitlement to Compensation and 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 1:24-vv-00842-UNJ Document 24 Filed 04/04/25 Page 2 of 2 Proffer of Damages (“Proffer”) at 6. 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. Pursuant to the terms stated in the Proffer, I award Petitioner a lump sum payment of $39,167.69 (comprised of $39,000.00 for pain and suffering and $167.69 for unreimbursed expenses) 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.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