VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01402
Package ID: USCOURTS-cofc-1_15-vv-01402
Petitioner: Robert Rowan
Filed: 2016-03-29
Decided: 2016-04-19
Vaccine: influenza
Vaccination date: 
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Robert Rowan filed a petition for compensation under the National Vaccine Injury Compensation Program on March 29, 2016, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine. The respondent, the Secretary of Health and Human Services, filed a report on March 7, 2016, conceding that Mr. Rowan was entitled to compensation for his injury. Following discussions between the parties, the respondent filed a "Respondent’s Proffer on Award of Compensation" on March 28, 2016. Mr. Rowan's counsel, Maximillian Muller, indicated that Mr. Rowan accepted the proffer as a reasonable measure of the award amount. Special Master George L. Hastings reviewed the file and the parties' agreement. He concluded that the respondent's proffer was appropriate pursuant to Section 300aa-15(b) of the Vaccine Act. Special Master Hastings ordered that the respondent make a lump sum payment of $120,000.00, payable to Robert Rowan, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This award covers all elements of compensation, including pain and suffering and any other applicable damages. The decision was issued on April 19, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Jason C. Bougere.

Theory of causation field:
Petitioner Robert Rowan received an influenza vaccine and subsequently developed a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement to compensation. The parties stipulated to a lump sum award of $120,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific vaccination date, age at vaccination, onset of symptoms, medical narrative, diagnostic tests, treatments, or expert witnesses. The theory of causation is based on the "Table" provision of the Vaccine Act, as the respondent conceded entitlement. Special Master George L. Hastings issued the decision on April 19, 2016, based on the respondent's proffer, which was accepted by petitioner's counsel Maximillian J. Muller. Respondent's counsel was Jason C. Bougere.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01402-0
Date issued/filed: 2016-04-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 3/29/16) regarding 18 DECISION Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01402-UNJ Document 23 Filed 04/19/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1402V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ROBERT ROWAN, *
*
Petitioner, * Filed: March 29, 2016
*
v. * Decision by Proffer; Vaccine Act
* Entitlement; Damages; Influenza
SECRETARY OF HEALH * Vaccine; Shoulder Injury Related to
HUMAN SERVICES * Vaccine Administration (SIRVA)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Dresher, Pennsylvania, for Petitioner.
Jason C. Bougere, 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 Robert Rowan. On March 7, 2016, Respondent
filed a report conceding that Petitioner is entitled to compensation in this case.
After discussions between the parties, on March 28, 2016, Respondent filed
“Respondent’s Proffer on Award of Compensation.” Petitioner’s counsel, Maximillian Muller,
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-01402-UNJ Document 23 Filed 04/19/16 Page 2 of 4
during a telephonic status conference held on March 28, 2016, indicated that Petitioner accepts
Respondent’s Proffer as a reasonable measure of the amount of the award in this case.
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 $120,000.00, 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
Robert Rowan is entitled to an award under the Vaccine Act to provide compensation for
his 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-01402-UNJ Document 23 Filed 04/19/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
ROBERT ROWAN, )
)
Petitioner, ) No. 15-1402V
) Special Master Hastings
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On March 7, 2016, respondent filed a Rule 4(c) Report conceding that petitioner was
entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. Respondent proffers that, based on the evidence of record, petitioner should
be awarded $120,000.00. 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
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.

Case 1:15-vv-01402-UNJ Document 23 Filed 04/19/16 Page 4 of 4
A. A lump sum payment of $120,000.00 in the form of a check payable to petitioner, Robert
Rowan. This amount accounts for all elements of compensation under 42 U.S.C.
§ 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
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Jason C. Bougere
JASON C. BOUGERE
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 307-2737
Dated: March 28, 2016