VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00780
Package ID: USCOURTS-cofc-1_15-vv-00780
Petitioner: Thomas Dyroff
Filed: 2015-10-13
Decided: 2016-05-04
Vaccine: influenza
Vaccination date: 2013-10-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Thomas Dyroff filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2013. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, finding that the evidence established that the shoulder injury was caused-in-fact by the vaccination and that the injury's sequela lasted for more than six months. A ruling on entitlement was issued on October 13, 2015, finding petitioner entitled to compensation. Subsequently, on January 28, 2016, respondent filed a proffer on award of compensation, recommending an award of $100,000.00, which petitioner agreed to. The decision awarding damages, dated May 4, 2016, granted petitioner a lump sum payment of $100,000.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00780-0
Date issued/filed: 2015-11-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/13/2015) 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-00780-UNJ Document 17 Filed 11/16/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-780V
Filed: October 13, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THOMAS DYROFF, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (Flu) Vaccine; Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (SIRVA); Special Processing Unit
AND HUMAN SERVICES, * (SPU).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Memphis, TN, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 24, 2015, Thomas Dyroff (“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 as a result of receiving an influenza
(“flu”) vaccine on October 3, 2013, he suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. This case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 13, 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. Specifically, respondent has concluded that “a preponderance of
evidence establishes that the shoulder injury petitioner claims in the petition was
caused-in-fact by the administration of his October 3, 2013 vaccination, and his
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 (2012)). 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-00780-UNJ Document 17 Filed 11/16/15 Page 2 of 2
shoulder pain was not due to factors unrelated to the administration of the vaccine.” 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 “[i]n
light of the information contained in petitioner’s medical records, respondent has
concluded that petitioner’s shoulder injury and its sequela are compensable as a
“caused-in-fact” Shoulder Injury Related to Vaccine Administration (“SIRVA”) injury
under the Act.” Id.
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-00780-1
Date issued/filed: 2016-05-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/28/2016) regarding 21 DECISION Stipulation/Proffer, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00780-UNJ Document 29 Filed 05/04/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0780V
Filed: January 28, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
THOMAS DYROFF, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol, Schwartz, et al., Memphis, TN, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 24, 2015, Thomas Dyroff (“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 as a result of receiving an influenza
(“flu”) vaccine on October 3, 2013, he suffered a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On October 13, 2015, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a Shoulder Injury Related to Vaccine Administration
(“SIRVA”). On January 28, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $100,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Id.
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-00780-UNJ Document 29 Filed 05/04/16 Page 2 of 4
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 $100,000.00 in the form of a check payable to
petitioner, Thomas Dyroff. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The January 28, 2016 deadline for respondent’s status report is deemed
moot and is terminated.
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.

CCaassee 11::1155--vvvv--0000778800--UUNNJJ DDooccuummeenntt 2209 FFiilleedd 0015//2084//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
THOMAS DYROFF, )
)
Petitioner, ) No. 15-780V
) 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 October 10, 2015, respondent filed a Rule 4(c) Report conceding that petitioner was
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”). Respondent proffers that, based on the evidence of record, petitioner should be
awarded $100,000.00. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner
agrees.
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 special master’s decision
and the Court’s judgment award the following:1
A. A lump sum payment of $100,000.00 in the form of a check payable to petitioner,
Thomas Dyroff. This amount accounts for all elements of compensation under 42 U.S.C.
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.

CCaassee 11::1155--vvvv--0000778800--UUNNJJ DDooccuummeenntt 2209 FFiilleedd 0015//2084//1166 PPaaggee 24 ooff 24
§ 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,
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/ 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: January 28, 2016 Fax: (202) 616-4310