VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00557
Package ID: USCOURTS-cofc-1_15-vv-00557
Petitioner: John Emerson
Filed: 2015-06-01
Decided: 2016-05-04
Vaccine: influenza
Vaccination date: 2013-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 83000

AI-assisted case summary:
John Emerson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination on October 11, 2013, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation. The respondent determined that Mr. Emerson's injury was consistent with SIRVA, was caused-in-fact by the flu vaccine, and met the statutory sequela requirement. A ruling on entitlement was issued on September 15, 2015, finding Mr. Emerson entitled to compensation. Subsequently, on January 15, 2016, the respondent filed a proffer on award of compensation, proposing an award of $83,000.00. Mr. Emerson agreed with this proposed award. Chief Special Master Dorsey issued a decision on May 4, 2016, awarding Mr. Emerson a lump sum payment of $83,000.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00557-0
Date issued/filed: 2015-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/15/2015) regarding 15 Ruling on Entitlement (Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:15-vv-00557-UNJ Document 20 Filed 10/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-557V
Filed: September 15, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN EMERSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, Boston, MA, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Special Master:
On June 1, 2015, John Emerson 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 as a result of an influenza [“flu”]
vaccination on October 11, 2013, he suffered a shoulder injury related to vaccine
administration [“SIRVA’]. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 14, 2015, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1, 3. Specifically, respondent indicates that she has determined that
petitioner’s injury is “consistent with a shoulder injury related to vaccine administration
(‘SIRVA’).” Id. at 1. Respondent “concluded that the injury to petitioner’s left shoulder
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 (2012).

Case 1:15-vv-00557-UNJ Document 20 Filed 10/20/15 Page 2 of 2
was caused-in-fact by the administration of his October 11, 2013, flu vaccine . . . and
not due to factors unrelated to the administration of the flu vaccine.” Id. at 3.
Respondent further indicates that “the statutory six month sequela requirement has
been satisfied.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00557-1
Date issued/filed: 2016-05-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/15/2016) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00557-UNJ Document 28 Filed 05/04/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-557V
Filed: January 15, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN EMERSON, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer & Chin-Caplan, Boston, MA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 1, 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” or “Program”]. Petitioner alleges that as a result of an influenza [“flu”] vaccination
on October 11, 2013, he suffered a shoulder injury related to vaccine administration
[“SIRVA”]. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 15, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On January 15, 2016, respondent filed a proffer on
award of compensation [“Proffer”] indicating petitioner should be awarded $83,000.00.
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-00557-UNJ Document 28 Filed 05/04/16 Page 2 of 4
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award.
Based 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 $83,000.00 in the form of a check payable to
petitioner, John Emerson. 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

CCaassee 11::1155--vvvv--0000555577--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0015//1054//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JOHN EMERSON, )
)
Petitioner, )
) No. 15-557V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$83,000.00 which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $83,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
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 lost earnings, and future pain and suffering.

CCaassee 11::1155--vvvv--0000555577--UUNNJJ DDooccuummeenntt 2238 FFiilleedd 0015//1054//1166 PPaaggee 24 ooff 24
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy 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/Christine Mary Becer
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3665
Date: January 15, 2016
2