VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00609
Package ID: USCOURTS-cofc-1_15-vv-00609
Petitioner: Theodore John Thies
Filed: 2015-06-16
Decided: 2016-04-27
Vaccine: influenza
Vaccination date: 2013-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Theodore John Thies filed a petition for compensation under the National Vaccine Injury Compensation Program on June 16, 2015, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 9, 2013. The respondent conceded that Mr. Thies suffered a non-Table injury of SIRVA and that it was causally related to the flu vaccination. The respondent also concluded that Mr. Thies satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Thies entitled to compensation. Subsequently, on December 14, 2015, the parties filed a proffer indicating that Mr. Thies should be awarded $105,000.00, which represented all elements of compensation. Mr. Thies agreed with this proffered award. The court awarded Mr. Thies a lump sum payment of $105,000.00. Later, on January 14, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $10,000.00. This amount was granted by the court as a lump sum payable jointly to Mr. Thies and his counsel.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00609-0
Date issued/filed: 2015-09-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/06/2015) regarding 14 Ruling on Entitlement ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00609-UNJ Document 16 Filed 09/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0609V
Filed: August 6, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THEODORE JOHN THIES, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
* (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
1
RULING ON ENTITLEMENT
Vowell, Chief Special Master:
On June 16, 2015, Theodore John Thies (“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 an influenza (“flu”) vaccination on October 9, 2013, petitioner suffered a
shoulder injury related to vaccine administration (“SIRVA”). Petition at 2. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On August 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 3. Specifically, respondent concluded that “petitioner suffered a non-Table
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted 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-00609-UNJ Document 16 Filed 09/02/15 Page 2 of 2
injury of SIRVA and that the preponderance of the medical evidence indicates that the
injury was causally related to the flu vaccination he received on October 9, 2013.” Id. at
2. 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.
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-00609-1
Date issued/filed: 2016-04-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/14/2015) regarding 27 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00609-UNJ Document 35 Filed 04/27/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0609V
Filed: December 14, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THEODORE JOHN THIES, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“flu”) Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
1
DECISION AWARDING DAMAGES
Dorsey, Chief Special Master:
On June 16, 2015, Theodore John Thies (”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 alleged that he
suffered a shoulder injury as a result of an influenza (“flu”) vaccine administered to him
on October 9, 2013. The case was assigned to the Special Processing Unit (“SPU”) of
the Office of Special Masters.
On August 6, 2015, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On
December 14, 2015, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $105,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-00609-UNJ Document 35 Filed 04/27/16 Page 2 of 4
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 $105,000.00 in the form of a check payable to
petitioner, Theodore John Thies. 3 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 “Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move
the Court for appropriate relief.” Proffer at 1, fn. 1.
4 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.

Case 1:15-vv-00609-UNJ Document 35 Filed 04/27/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
THEODORE JOHN THIES, *
*
Petitioner, *
*
v. * No. 15-609V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 6, 2015, the Chief Special Master found that a preponderance of the medical
evidence indicates that petitioner suffered a shoulder injury related to vaccine administration
(“SIRVA”), which was causally related to the flu vaccination he received on October 9, 2013.
The parties proceeded thereafter to address the amount of compensation to be awarded in this
case.
I. Item of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total lump sum of $105,000.00, which amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:15-vv-00609-UNJ Document 35 Filed 04/27/16 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $105,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
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
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
/s/ DOUGLAS ROSS
DOUGLAS ROSS
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) 616-3667
DATE: December 14, 2015
2

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00609-2
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/14/2016) regarding 32 DECISION Fees Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00609-UNJ Document 36 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0609V
Filed: January 14, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THEODORE JOHN THIES, *
*
Petitioner, *
v. * Attorneys’ Fees and Costs; Stipulation;
* Special Processing Unit (“SPU”)
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On June 16, 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 alleged that he suffered a shoulder injury as a result of an
influenza (“flu”) vaccine administered to him on October 9, 2013. On December 14,
2015, the undersigned issued a decision awarding compensation to petitioner based on
a proffer from respondent.
On January 14, 2016, the parties filed a Stipulation of Facts Concerning
Attorneys’ Fees and Costs. According to the stipulation, the parties stipulate to an
award of $10,000.00 for attorneys’ fees and costs. In compliance with General Order
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-00609-UNJ Document 36 Filed 05/04/16 Page 2 of 2
#9, petitioner’s counsel represented that petitioner incurred no out-of-pocket expenses
in this case.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of petitioner’s request and the
lack of any objection by respondent, the undersigned GRANTS the request for approval
and payment of attorneys’ fees and costs.
Accordingly, I award the total of $10,000.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel, Jeffrey S. Pop.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by the filing of a joint notice renouncing the right to seek review.
See Vaccine Rule 11(a).
2