VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00252
Package ID: USCOURTS-cofc-1_15-vv-00252
Petitioner: Joseph Willett
Filed: 2015-10-06
Decided: 2016-10-31
Vaccine: hepatitis B
Vaccination date: 2012-06-08
Condition: brachial neuritis and shoulder pain
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Joseph Willett filed a petition for compensation under the National Vaccine Injury Compensation Program on October 6, 2015, alleging that a hepatitis B vaccination administered on June 8, 2012, caused him to suffer brachial neuritis and shoulder pain. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) Report on October 5, 2015, conceding that the evidence established that the shoulder injury was caused-in-fact by the hepatitis B vaccination and that it was a compensable Shoulder Injury Related to Vaccine Administration (SIRVA) injury. The respondent also confirmed that Mr. Willett met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 6, 2015, finding Mr. Willett entitled to compensation for his vaccine-caused SIRVA injury. Subsequently, on August 22, 2016, the respondent filed a Proffer on Award of Compensation, proposing an award of $60,000.00, which the petitioner agreed to. Chief Special Master Dorsey issued a Decision Awarding Damages on October 31, 2016, awarding Joseph Willett a lump sum payment of $60,000.00, payable to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Mark T. Sadaka, and respondent was represented by Michael P. Milmoe.

Theory of causation field:
Joseph Willett alleged that a hepatitis B vaccination on June 8, 2012, caused brachial neuritis and shoulder pain. The respondent conceded that the evidence established that the shoulder injury was caused-in-fact by the vaccination and that it was a compensable SIRVA injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the onset or symptoms of the brachial neuritis and shoulder pain. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 6, 2015, finding petitioner entitled to compensation based on the respondent's concession. On October 31, 2016, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding petitioner a lump sum of $60,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Mark T. Sadaka, and respondent was represented by Michael P. Milmoe.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00252-0
Date issued/filed: 2015-11-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/06/2015) regarding 29 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00252-UNJ Document 38 Filed 11/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0252V
Filed: October 6, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH WILLETT, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Hepatitis B Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
* (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Attorney at Law, Englewood, NJ, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Dorsey, Chief Special Master:
On March 11, 2015, Joseph Willett (“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” or “Program”). The petition alleges that as a result of a
hepatitis B (“hep B”) vaccination on June 8, 2012, petitioner suffered “brachial neuritis
and shoulder pain.” Petition at 2. The case was assigned to the Special Processing
Unit (“SPU”) of the Office of Special Masters.
On October 5, 2015, respondent filed her Rule 4(c) Report (“Res. Report”), in
which she concedes that petitioner is entitled to compensation in this case. Resp.
Report at 1, 3. Specifically, respondent “concluded that a preponderance of evidence
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00252-UNJ Document 38 Filed 11/16/15 Page 2 of 2
establishes that the shoulder injury petitioner claims in the petition was caused-in-fact
by the administration of his June 8, 2012 hepatitis B vaccination, and that his shoulder
pain was not due to factors unrelated to the administration of the vaccine.” Id. at 3.
Additionally, based on the evidence of record, petitioner has satisfied all legal pre-
requisites and other requirements for compensation under the Vaccine Act. Id. at 3.
Respondent stated that petitioner’s “shoulder injury and its sequela are
compensable as a ‘caused-in-fact’ Shoulder Injury Related to Vaccine Administration
(‘SIRVA’) injury under the Act.” Id. However, respondent made clear “that petitioner is
entitled to compensation only for his SIRVA injury related to his June 8, 2012
vaccination, for which he was receiving no medical or therapeutic treatment at the time
of his snowboarding accident in early 2014. Id.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation for his vaccine-
caused SIRVA injury.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-00252-1
Date issued/filed: 2016-10-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/22/2016) regarding 54 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00252-UNJ Document 57 Filed 10/31/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-252V
Filed: August 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH WILLETT, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Hepatitis B Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Attorney at Law, Englewood, NJ, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 11, 2015, 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”). The petition alleged that as a result of a hepatitis B vaccination on June
8, 2012, petitioner suffered “brachial neuritis and shoulder pain.” Petition at 2. The
case was assigned to the Special Processing Unit (“SPU”) of the Office of Special
Masters.
On October 6, 2015, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On August 22, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $60,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-00252-UNJ Document 57 Filed 10/31/16 Page 2 of 4
on the record as a whole, the undersigned finds that petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $60,000.00 in the form of a check payable to
petitioner, Joseph Willett. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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 1:15-vv-00252-UNJ Document 57 Filed 10/31/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JOSEPH WILLETT, )
)
Petitioner, ) No. 15-252V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 6, 2015, the Chief Special Master issued a Ruling on Entitlement
determining that petitioner was entitled to vaccine compensation for his Shoulder Injury Related
to Vaccine Administration (“SIRVA”). Respondent proffers that, based on the evidence of
record, petitioner should be awarded $60,000.00. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
II. Form of the Award
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. A lump sum payment of $60,000.00 in the form of a check payable to petitioner, Joseph
Willett. This amount accounts for all elements of compensation under 42 U.S.C.
1 Should petitioner die prior to entry of judgment, respondent reserves 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 1:15-vv-00252-UNJ Document 57 Filed 10/31/16 Page 4 of 4
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
LYNN E. RICCIARDELLA
Senior Trial Attorney
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: August 22, 2016 Fax: (202) 616-4310