VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00305
Package ID: USCOURTS-cofc-1_15-vv-00305
Petitioner: Erich Michael Gram
Filed: 2015-08-04
Decided: 2017-07-28
Vaccine: trivalent influenza
Vaccination date: 2013-10-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 207573

AI-assisted case summary:
Erich Michael Gram filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the trivalent influenza vaccine he received on October 23, 2013. The respondent conceded that the case was appropriate for compensation, finding that petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine. The respondent also stated that no other causes for the SIRVA were identified and that petitioner met the statutory requirements for entitlement. A ruling on entitlement was issued on August 4, 2015, finding petitioner entitled to compensation. Subsequently, on February 1, 2017, the respondent filed a proffer on award of compensation, recommending an award of $207,573.00, which petitioner agreed to. This amount was comprised of $160,000.00 for past and future pain and suffering, $30,000.00 for past and future lost wages, $13,823.00 for past unreimbursable expenses, and $3,750.00 for future medical expenses. The Chief Special Master awarded this lump sum payment to Erich Michael Gram, who was noted to be a competent adult.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00305-0
Date issued/filed: 2015-09-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/04/2015) regarding 18 Ruling on Entitlement ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00305-UNJ Document 33 Filed 09/30/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0305V
Filed: August 4, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERICH MICHAEL GRAM, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Trivalent Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Dan Bolton, III, Esq., Bolton Law, PLLC, Cary, NC, for petitioner.
Michael Milmoe, Esq., U.S. Department of Justice, Washington, DC for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On March 25, 2015, Erich Michael Gram 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”]. Petitioner alleges that he suffered a shoulder injury related
to vaccine administration [“SIRVA”] caused by the trivalent influenza vaccine he
received on October 23, 2013. Petition at 1, ¶ 2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 3, 2015, respondent filed her Rule 4 report in which she concedes
that “this case is appropriate for compensation under the terms of the Act based on
causation-in-fact.” Respondent’s Rule 4 Report at 1. Specifically, respondent
“concluded that petitioner’s alleged injury is consistent with SIRVA, and that it was
caused in fact by the flu vaccine he received on October 23, 2013.” Id. at 5.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend 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, 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:15-vv-00305-UNJ Document 33 Filed 09/30/15 Page 2 of 2
Furthermore, respondent “did not identify any other causes for petitioner’s SIRVA, and
based on the medical records outlined above, petitioner met the statutory requirements
for entitlement to compensation.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00305-1
Date issued/filed: 2015-11-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/29/2015) regarding 32 Findings of Fact & Conclusions of Law ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00305-UNJ Document 37 Filed 11/13/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-305V
Filed: September 29, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERICH MICHAEL GRAM, * UNPUBLISHED RULING
*
Petitioner, * Chief Special Master Nora Beth Dorsey
v. *
* Compensation Under the Vaccine
SECRETARY OF HEALTH * Program; Offset; Section 15(g);
AND HUMAN SERVICES, * Claim of Subrogation by Private
* Health Care Insurance; Section 15(h);
Respondent. * Special Processing Unit (“SPU”)
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Dan Bolton, III, Bolton Law, PLLC, Cary, NC, for petitioner.
Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON PRIVATE HEALTH CARE INSURANCE OFFSET1
At a telephonic status conference, counsel for the parties discussed the need for
a ruling concerning how §§ 15(g) and (h) of the National Childhood Vaccine Injury
Compensation Program [the “Vaccine Act” or “Program”]2 pertains to the present case.
Petitioner has been contacted by his health care insurer regarding recoupment of
benefits under a right of subrogation set forth in the insurance policy. Thus, petitioner
seeks to clarify whether his health care insurer is entitled to reimbursement of benefits
that it has paid if petitioner recovers monies in his Vaccine case.
1 Because this unpublished ruling contains a reasoned explanation for the action in this
case, the undersigned intends to post it on the website of the United States Court of
Federal Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. §
3501 (2006). In accordance with the Vaccine Rules, each party has 14 days within
which to request redaction “of any information furnished by that party: (1) that is a trade
secret or commercial or financial in substance and is privileged or confidential; or (2)
that includes medical files or similar files, the disclosure of which would constitute a
clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Further, consistent with
the rule requirement, a motion for redaction must include a proposed redacted ruling. If,
upon review, the undersigned agrees that the identified material fits within the
requirements of that provision, such material will be redacted from public access.
2 The National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat.
3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. Hereafter, individual section
references will be to 42 U.S.C. § 300aa of the Act.

Case 1:15-vv-00305-UNJ Document 37 Filed 11/13/15 Page 2 of 2
Under the Vaccine Program, a petitioner may recover actual and projected
unreimbursable expenses, lost wages, and pain and suffering, and an award of
$250,000 if the injury resulted in death. §15(a); see also Helman v. Sec’y of Health &
Human Servs., No. 10-813V, 2014 WL 3589564, at *1 (Fed. Cl. Spec. Mstr. June 24
2014) (citing Bruesewitz v. Wyeth, LLC, 131 S.Ct. 1068, 1074 (2011)).
This compensation is then limited by subsequent sections. Punitive and
exemplary damages are prohibited, and for unreimbursable expenses and pain and
suffering, compensation may be provided only for the “health, education, or welfare of
the person who suffered the vaccine-related injury.” §15(d).
Additionally, compensation is offset by amounts paid or expected to be paid
under an insurance policy and certain State or Federal programs. §15(g).3 Thus, the
Vaccine Act is a secondary payer to petitioner’s health care insurance. Any award paid
to petitioner would not include amounts paid or expected to be paid under his health
care insurance policy.
Moreover, the Vaccine Act prohibits any health insurance policy from “mak[ing]
payment of benefits under the policy secondary to the payment of compensation under
the Program.” Therefore, the plain language of the Vaccine Act does not authorize
reimbursement of the benefits paid under petitioner’s health care insurance policy.
§15(h).
I rule that pursuant to the Vaccine Act, petitioner’s insurer would not be
reimbursed for its payments for petitioner’s treatment in connection with the
injury, sickness, accident, or condition which has been alleged, should petitioner
recover any monies in this matter.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Section 15(g) states:
Payment of compensation under the Program shall not be
made for any item or service to the extent that payment has
been made, or can reasonably be expected to be made, with
respect to such item or service (1) under any State
compensation program, under an insurance policy, or under
any Federal or State health benefits program (other than
under title XIX of the Social Security Act [42 U.S.C. 1396 et
seq.]), or (2) by an entity which provides health services on a
prepaid basis.
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00305-2
Date issued/filed: 2017-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/02/2017) regarding 76 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00305-UNJ Document 84 Filed 07/28/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0305V
Filed: February 2, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ERICH MICHAEL GRAM, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Trivalent Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Dan W. Bolton, III, Esq., Bolton Law, PLLC, Cary, NC, for petitioner.
Michael P. Milmoe, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 25, 2015, Erich Michael Gram (“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 alleged that he suffered a shoulder
injury related to vaccine administration (“SIRVA”) caused by the trivalent influenza
vaccine he received on October 23, 2013. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On August 4, 2015, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On February 1, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $207,573.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Id. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
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-00305-UNJ Document 84 Filed 07/28/17 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $207,573.00 (comprised of $160,000.00 in past
and future pain and suffering, $30,000.00 in past and future lost wages,
$13,823.00 in past unreimbursable expenses, and $3,750.00 in future medical
expenses), in the form of a check payable to petitioner, Erich Michael Gram. 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-00305-UNJ Document 84 Filed 07/28/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ERICH MICHAEL GRAM, )
)
Petitioner, ) No. 15-305V
) 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 August 4, 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 $207,573.00, comprised of $160,000.00 in past and future pain and
suffering, $30,000.00 in past and future lost wages, $13,823.00 in past unreimbursable expenses,
and $3,750.00 in future medical expenses. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:15-vv-00305-UNJ Document 84 Filed 07/28/17 Page 4 of 4
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 $207,573.00 in the form of a check payable to petitioner, Erich
Michael Gram. This amount accounts for all elements of compensation under 42 U.S.C.
§ 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,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
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: February 1, 2017 Fax: (202) 616-4310
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.