Conine v. Secretary of Health and Human Services ( 2023 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0799V
ALLISON CONINE, Chief Special Master Corcoran
Petitioner,
v. Filed: November 21, 2023
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON DAMAGES1
On July 22, 2022, Allison Conine (“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”). Petitioner alleges that she suffered a Table left shoulder injury related
to vaccine administration (“SIRVA”) as the result of an influenza (“flu”) vaccination
received on November 2, 2020. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 21, 2023, Respondent filed a combined Rule 4(c) Report and Proffer
in which he concedes that Petitioner is entitled to compensation for a Table SIRVA.
Respondent’s Rule 4(c) Report and Proffer at 1, 4. 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).
Respondent represents that Petitioner agrees to his proffer on an award of
compensation. Respondent’s Rule 4(c) Report and Proffer at 5. 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 $47,675.82 (representing $47,500.00 for pain and suffering,
and $175.82 for past unreimbursable expenses) in the form of a check payable to
Petitioner. Respondent’s Rule 4(c) Report and Proffer at 5. 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