VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00574
Package ID: USCOURTS-cofc-1_15-vv-00574
Petitioner: Warren K. Bailey
Filed: 2017-03-23
Decided: 2017-04-18
Vaccine: influenza
Vaccination date: 2017-02-16
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Warren K. Bailey filed a claim under the National Vaccine Injury Compensation Program alleging injury from an influenza vaccine received on February 16, 2017. The alleged injury was a shoulder injury related to vaccine administration (SIRVA). Respondent, the Secretary of Health and Human Services, filed a report conceding entitlement to compensation. Following discussions, the parties reached a proffer on the award of compensation. Petitioner's counsel accepted the proffer, indicating it was a reasonable measure of the award. The Special Master reviewed the file and concluded the proffer was appropriate. The decision ordered Respondent to make a lump sum payment of $125,000.00 to Petitioner, representing compensation for all damages available under the statute. This amount was agreed upon by both parties as compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a). The decision noted that attorneys' fees and litigation costs would be determined at a later date. The case was resolved by stipulation and proffer, with entitlement conceded by the Respondent and compensation awarded.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00574-0
Date issued/filed: 2017-04-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 3/23/17) regarding 41 DECISION Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:15-vv-00574-UNJ Document 45 Filed 04/18/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-574V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
WARREN K. BAILEY, *
*
Petitioner, * Filed: March 23, 2017
*
v. * Decision by Proffer; Vaccine Act
* Entitlement; Damages; Influenza
SECRETARY OF HEALH * Vaccine; Shoulder Injury Related to
HUMAN SERVICES * Vaccine Administration (SIRVA)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul S. Dannenberg, Huntington, Vermont, for Petitioner
Ilene Albala, U.S. Department of Justice, Washington, D.C., for Respondent.
DECISION1
HASTINGS, Special Master.
This is an action seeking an award under the National Vaccine Injury Compensation
Program2 on account of an injury suffered by Warren K. Bailey. On February 16, 2017,
Respondent filed a report conceding that Petitioner is entitled to compensation in this case.
After discussions between the parties, on March 21, 2017, Respondent filed a “Proffer on
Award of Compensation.” Petitioner’s counsel, Paul Dannenberg, contacted a member of my
staff by e-mail, on March 22, 2017, to indicate that Petitioner accepts Respondent’s Proffer as a
reasonable measure of the amount of the award in this case.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this
Decision on the United States Court of Federal Claims' website. Therefore, this document will be made available to
the public unless the Petitioner files, within fourteen days, an objection to the disclosure of any material in the
Decision that would constitute, “medical files and similar files the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” See 42 U.S.C. § 300aa—12(d)(4)(B); Vaccine Rule 18(b).
2 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa—10 et seq. (2012).
Hereinafter, for ease of citation, all “§” references will be to 42 U.S.C. (2012). I will also sometimes refer to the Act
of Congress that created the Program as the “Vaccine Act.”

Case 1:15-vv-00574-UNJ Document 45 Filed 04/18/17 Page 2 of 4
I have reviewed the file, and based on that review, I conclude that the Respondent’s
Proffer appears to be an appropriate one, pursuant to § 300aa-15(b). (I have attached a copy of
the Proffer to this decision.) I order that Respondent make a lump sum payment as described
below.
• Respondent shall make a total lump sum payment of $125,000.00, in the form of a
check payable to Petitioner, representing compensation for all damages that
would be available under 42 U.S.C. §300aa-15(a).
Under the statute governing the Program, as well as the “Vaccine Rules” adopted by this
court, the special master must now enter a decision endorsing that Proffer, and the clerk must
enter judgment, in order to authorize payment of the award. See § 300aa-12(d)(3)(A) and (e)(3);
§ 300aa-13(a); Vaccine Rules 10(a), 11(a).3
Warren K. Bailey is entitled to an award under the Vaccine Act to provide compensation
for her injury. The award shall be in the form of a lump sum payment, as provided above.
In the absence of a timely-filed motion for review of this Decision, the clerk shall enter
judgment in accord with this Decision.
IT IS SO ORDERED.
/s/ George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master
3 The “Vaccine Rules of the United States Court of Federal Claims” are found in Appendix B of the Rules of the
United States Court of Federal Claims.

Case 1:15-vv-00574-UNJ Document 45 Filed 04/18/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WARREN K. BAILEY,
Petitioner,
v. No. 15-574V
Special Master George Hastings
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 16, 2017, respondent filed a Rule 4(c) Report in which she conceded
entitlement. Respondent now proffers that petitioner receive an award of a lump sum of
$125,000.00 in the form of a check payable to petitioner. This amount represents compensation
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1
This proffer does not address final attorneys’ fees and litigation costs. Petitioner is additionally
entitled to reasonable attorneys’ fees and litigation costs, to be determined at a later date upon
petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $125,000.00 as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 Should petitioner die prior to the 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.
1

Case 1:15-vv-00574-UNJ Document 45 Filed 04/18/17 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: March 21, 2017
2