VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00684
Package ID: USCOURTS-cofc-1_15-vv-00684
Petitioner: Robert Nolop
Filed: 2015-06-30
Decided: 2015-11-17
Vaccine: influenza
Vaccination date: 2012-10-24
Condition: left shoulder injury; Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 86885

AI-assisted case summary:
Robert Nolop filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2015, alleging that he suffered a left shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of receiving an influenza vaccine on October 24, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner suffered a non-Table SIRVA injury causally related to the flu vaccine and that the sequelae lasted for more than six months, thus meeting the statutory requirements for compensation. Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Mr. Nolop entitled to compensation. Subsequently, on November 17, 2015, a decision awarding damages was issued, based on a proffer from the respondent. The parties agreed to an award of $86,885.92, comprising $85,000.00 for pain and suffering and $1,885.92 for past unreimbursable expenses. Later, on February 17, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $12,298.27, which was also granted by the court.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00684-0
Date issued/filed: 2015-10-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/28/2015) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00684-UNJ Document 19 Filed 10/29/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-684V
Filed: September 28, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT NOLOP, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (Flu) Vaccine; Left Shoulder
* Injury; Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (SIRVA);
AND HUMAN SERVICES, * Special Processing Unit (SPU).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 30, 2015, Robert Nolop (“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 receiving
the influenza (“flu”) vaccine on October 24, 2012, he suffered a left shoulder injury that
was caused in fact by his flu vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 28, 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 3. Specifically, respondent states that petitioner suffered a non-Table
injury of a shoulder injury related to vaccine administration (SIRVA), and “that a
preponderance of the medical evidence indicates that the injury was causually related to
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-00684-UNJ Document 19 Filed 10/29/15 Page 2 of 2
the flu vaccine he received on October 24, 2012.” Id. at 3. Respondent further states
that the records show that petitioner suffered the sequela of his injury for more than six
months. Id. Thus, respondent states that “petitioner met the statutory requirements by
suffering the condition for more than six months. Therefore, compensation is
appropriate.” Id. (citations omitted).
In view of respondent’s concession and the evidence presented, the
undersigned finds that petitioner is entitled to compensation.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00684-1
Date issued/filed: 2015-11-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/27/2015) regarding 16 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00684-UNJ Document 20 Filed 11/17/15 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0684V
Filed: October 27, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT NOLOP, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 30, 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”]. Petitioner alleges that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine he received on October 24,
2012. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 28, 2015, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. On October 26, 2015, respondent filed a proffer on
award of compensation [“Proffer”] stating that petitioner should be awarded $86,885.92.
Proffer at 3. In the Proffer, respondent represents that petitioner agrees with 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-00684-UNJ Document 20 Filed 11/17/15 Page 2 of 5
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:
a lump sum payment of $86,885.92, in the form of a check payable to
petitioner, Robert Nolop, representing compensation for pain and suffering
($85,000.00), and past unreimbursable expenses ($1,885.92). 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
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-00684-UNJ Document 20 Filed 11/17/15 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ROBERT NOLOP )
)
Petitioner, )
) No. 15-684V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 30, 2015, Robert Nolop (“petitioner”) filed a petition for compensation under the
Vaccine Act. Petitioner alleges that he received an influenza vaccine in his left arm on October
24, 2012, and subsequently suffered from a shoulder injury related to vaccine administration
(“SIRVA”) secondary to the vaccination. Petition at 1. The Secretary of Health and Human
Services (“respondent”) filed a Vaccine Rule 4(c) report, conceding that petitioner suffered
SIRVA, and recommending that the Court award petitioner compensation. On September 28,
2015, the Chief Special Master issued an Entitlement Decision and a Damages Order.
Respondent hereby submits the following proffer regarding the award of compensation.
I. Items of Compensation
A. Future Medical Care Expenses
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for projected unreimbursable medical care expenses incurred from the date of judgment as
provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
1

Case 1:15-vv-00684-UNJ Document 20 Filed 11/17/15 Page 4 of 5
B. Lost Earnings
Respondent proffers that based on the evidence of record, petitioner is not entitled to an
award for lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A).
Petitioner agrees.
C. Pain and Suffering
Respondent proffers that the Court should award Robert Nolop a lump sum of $85,000.00
for his actual and projected pain and suffering. This amount reflects that the award for projected
pain and suffering has been reduced to net present value. See § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents Robert Nolop’s expenditure of past
unreimubursable expenses as a result of his vaccine-related injury. Respondent proffers that the
Court should award Robert Nolop a lump sum of $1,885.92 for past unreimbursable expenses as
provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to his vaccine-
related injury.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below and request that the Chief Special Master’s
decision and the Court’s judgment award the following1: a lump sum payment of $86,885.92,
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 pain and suffering.
2

Case 1:15-vv-00684-UNJ Document 20 Filed 11/17/15 Page 5 of 5
representing compensation for pain and suffering ($85,000.00), and past unreimbursable
expenses ($1,885.92), in the form of a check payable to petitioner, Robert Nolop.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner: $86,885.92
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
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4138
Date: October 26, 2015
3

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DOCUMENT 3: USCOURTS-cofc-1_15-vv-00684-2
Date issued/filed: 2016-02-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/18/2015) regarding 22 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00684-UNJ Document 26 Filed 02/17/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-684V
Filed: November 18, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT NOLOP, *
*
Petitioner, *
v. *
* Attorneys’ Fees and Costs; Stipulation;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
Dorsey, Chief Special Master:
On June 30, 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”]. Petitioner alleged that he suffered a shoulder injury related to vaccine
administration (SIRVA) as a result of an influenza (flu) vaccine he received on October
24, 2012. Petition at 1. On October 27, 2015, the undersigned issued a decision
awarding compensation to petitioner based on respondent’s proffer.
On November 18, 2015, the parties filed a Stipulation of Attorneys’ Fees and
Costs. According to the stipulation, the parties stipulate to an award of $12,298.27. In
accordance with General Order #9, petitioner’s counsel represents that petitioner
incurred no out-of-pocket expenses.
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-00684-UNJ Document 26 Filed 02/17/16 Page 2 of 2
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, the undersigned awards a total of $12,298.273 as a lump sum
in the form of a check jointly payable to petitioner and petitioner’s counsel Mark
Schloegel.
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 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