VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01174
Package ID: USCOURTS-cofc-1_15-vv-01174
Petitioner: Colt Sanders
Filed: 2015-10-09
Decided: 2016-05-04
Vaccine: influenza
Vaccination date: 2014-11-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 93246

AI-assisted case summary:
Colt Sanders filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 1, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's SIRVA was more likely than not caused by the November 1, 2014 flu vaccination and that the six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the court found that Colt Sanders was entitled to compensation. Subsequently, on February 18, 2016, the respondent proffered an award of $93,246.15, which the petitioner agreed to. The court awarded Colt Sanders a lump sum payment of $93,246.15 for all damages available under the Act. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and the respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Colt Sanders alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 1, 2014. The respondent conceded that the SIRVA was more likely than not caused by the vaccination and that the six-month sequela requirement was met. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The case proceeded based on the respondent's concession. Chief Special Master Nora Beth Dorsey ruled on entitlement on January 14, 2016, and subsequently awarded a lump sum of $93,246.15 on February 18, 2016, representing all damages available under the Act, which the petitioner accepted. Petitioner counsel was John Robert Howie, Jr., and respondent counsel was Lisa Ann Watts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01174-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/14/2016) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01174-UNJ Document 29 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1174V
Filed: January 14, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
COLT SANDERS, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 9, 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 (“flu”) vaccine he received on
November 1, 2014. Petition at 1, ¶¶1-17. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 14, 2016, 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 states that “petitioner’s SIRVA was more
likely than not caused by the November 1, 2014 flu vaccination. In addition, given the
medical records outlined above, the six month sequela requirement has been satisfied.”
1 Because this unpublished ruling 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-01174-UNJ Document 29 Filed 05/04/16 Page 2 of 2
Id. at 4 (citations omitted). Thus, respondent concludes that “petitioner has satisfied all
legal prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01174-1
Date issued/filed: 2016-05-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/18/2016) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01174-UNJ Document 30 Filed 05/06/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1174V
Filed: February 18, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
COLT SANDERS, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, Texas, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 9, 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
November 1, 2014. Petition at 1, ¶¶1-17. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On January 14, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On February 18, 2016, respondent filed a proffer on award of
compensation [“Proffer”] stating petitioner should be awarded $93,246.15. Proffer at 1.
In the Proffer, respondent represents that petitioner agrees with the proffered award.
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. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). 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-01174-UNJ Document 30 Filed 05/06/16 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 $93,246.15, in the form of a check payable to
petitioner, Colt Sanders. 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

Case 1:15-vv-01174-UNJ Document 30 Filed 05/06/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_______________________________________
COLT SANDERS, )
) ECF
Petitioner, )
)
v. ) No. 15-1174V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 14, 2016, the Chief Special Master issued an Entitlement Ruling in this
conceded SIRVA case. Having reviewed petitioner’s demand and supporting information,
respondent recommends that compensation be awarded as outlined below.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $93,246.15 representing 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $93,246.15 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
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.
1

Case 1:15-vv-01174-UNJ Document 30 Filed 05/06/16 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ Lisa A. Watts
LISA A. WATTS
Senior 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) 616-4099
Date: February 18, 2016.
2