VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00614
Package ID: USCOURTS-cofc-1_13-vv-00614
Petitioner: Saro Manoukian
Filed: 2014-10-07
Decided: 2015-04-27
Vaccine: influenza
Vaccination date: 2010-09-15
Condition: shoulder and arm injury
Outcome: compensated
Award amount USD: 162500

AI-assisted case summary:
Saro Manoukian filed a petition on October 7, 2014, alleging that he suffered a shoulder and arm injury as a result of an influenza vaccination he received on September 15, 2010. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on February 10, 2014, conceding that Mr. Manoukian suffered from a shoulder injury related to vaccine administration (SIRVA) and recommended compensation. The parties subsequently entered into a proffer agreement. On October 7, 2014, Special Master Laura D. Millman issued a decision awarding Mr. Manoukian a lump sum payment of $162,500.00 for all elements of compensation, to be paid by check to Saro Manoukian. This award was based on the terms of the Respondent's Proffer on Award of Compensation, which stipulated that the amount represented all elements of compensation under 42 U.S.C. § 300aa-15(a). Mr. Manoukian was described as a competent adult, and no guardianship was required. Later, on April 6, 2015, the parties filed a stipulation of fact regarding attorneys' fees and costs. Following discussions where the respondent initially raised objections to certain items in the petitioner's application, the petitioner amended his request. On April 6, 2015, Special Master Millman issued a decision awarding $12,900.00 in attorneys' fees and costs, payable by check jointly to petitioner and Conway, Homer & Chin-Caplan, P.C., and $350.00 for petitioner's costs, payable by check to petitioner. The respondent did not object to these amounts, and Special Master Millman found them to be reasonable. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of injury. Petitioner was represented by Ronald C. Homer, and respondent was represented by Michael P. Milmoe.

Theory of causation field:
Petitioner Saro Manoukian alleged a shoulder and arm injury following an influenza vaccination on September 15, 2010. Respondent conceded entitlement, agreeing that petitioner suffered a shoulder injury related to vaccine administration (SIRVA). The case proceeded based on a proffer agreement. The theory of causation is based on the "Table" category of the National Vaccine Injury Compensation Program. Special Master Laura D. Millman issued a decision on October 7, 2014, awarding $162,500.00 in lump sum compensation for all elements of damages. A subsequent decision on April 6, 2015, awarded $12,900.00 for attorneys' fees and costs and $350.00 for petitioner's costs. Petitioner was represented by Ronald C. Homer, and respondent was represented by Michael P. Milmoe. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the concession of SIRVA.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_13-vv-00614-0
Date issued/filed: 2014-10-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/07/2014) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00614-UNJ Document 35 Filed 10/28/14 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-614V
Filed: October 7, 2014
Not for Publication
*************************************
SARO MANOUKIAN, *
*
Petitioner, *
* Damages decision based on proffer;
v. * influenza (flu) vaccine; shoulder
* injury related to vaccine
SECRETARY OF HEALTH * administration (SIRVA)
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On August 27, 2013, petitioner filed a petition under the National Childhood Vaccine
Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006), alleging that he suffered a shoulder and arm injury
as a result of the influenza (“flu”) vaccination he received on September 15, 2010. On February
10, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered from a
shoulder injury related to vaccine administration (“SIRVA”) and recommending compensation.
1 Because this decision contains a reasoned explanation for the special master's action in this case, the
special master intends to post this decision on the United States Court of Federal Claims's website, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the
public unless they contain trade secrets or commercial or financial information that is privileged and
confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted
invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact
such information prior to the document=s disclosure. If the special master, upon review, agrees that the
identified material fits within the banned categories listed above, the special master shall redact such
material from public access.
1

Case 1:13-vv-00614-UNJ Document 35 Filed 10/28/14 Page 2 of 4
On October 7, 2014, respondent filed Respondent’s Proffer on Award of Compensation.
The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole,
the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to
the terms stated in the attached proffer, the court awards a lump sum payment of $162,500.00,
representing all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). The award shall be in the form of a check for $162,500.00 made payable to
petitioner, Saro Manoukian.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: October 7, 2014 /s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

Case 1:13-vv-00614-UNJ Document 35 Filed 10/28/14 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SARO MANOUKIAN, )
)
Petitioner, ) No. 13-614V
) Special Master Millman
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
For purposes of this Proffer, the term “vaccine-related” is described in Respondent’s Rule
4(c) Report, filed on February 10, 2014, conceding entitlement in this case. Respondent proffers
that, based on the evidence of record, petitioner should be awarded $162,500.00. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $162,500.00 in the form of a check payable to petitioner, Saro
Manoukian. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
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 medical expenses, future pain and suffering, and
future lost wages.

Case 1:13-vv-00614-UNJ Document 35 Filed 10/28/14 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4125
Dated: October 7, 2014 Fax: (202) 616-4310

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_13-vv-00614-1
Date issued/filed: 2015-04-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/06/2015) regarding 43 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:13-vv-00614-UNJ Document 44 Filed 04/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-614V
Filed: April 6, 2015
Not for Publication
*************************************
SARO MANOUKIAN, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Ronald C. Homer, Boston, MA, for petitioner.
Michael P. Milmoe, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On April 6, 2015, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
Petitioner filed his application for attorneys’ fees and costs on March 5, 2015. During
informal discussions, respondent raised objections to certain items in petitioner’s application.
Based on these discussions, petitioner amends his application for attorneys’ fees and costs to
request $12,900.00 in attorneys’ fees and costs and $350.00 in petitioner’s costs. Respondent
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00614-UNJ Document 44 Filed 04/27/15 Page 2 of 2
does not object to these amounts. The undersigned finds these amounts to be reasonable.
Accordingly, the court awards:
a. $12,900.00, representing reimbursement for attorneys’ fees and costs. The award
shall be in the form of a check payable jointly to petitioner and Conway, Homer &
Chin-Caplan, P.C. for $12,900.00; and
b. $350.00, representing reimbursement for petitioner’s costs. The award shall be in the
form of a check payable to petitioner for $350.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: April 6, 2015 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2