VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01432
Package ID: USCOURTS-cofc-1_15-vv-01432
Petitioner: Robert T. Ferenc
Filed: 2015-11-30
Decided: 2016-10-05
Vaccine: influenza
Vaccination date: 2013-09-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Robert T. Ferenc filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered an injury to his left shoulder as a result of receiving an influenza vaccine on September 11, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr. Ferenc was entitled to compensation. The respondent concluded that his injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that the flu vaccine caused the injury. The respondent also stated that no other causes were identified and that the injury had sequelae for more than six months. Based on the respondent's concession and the evidence, the court found Mr. Ferenc entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $175,000.00. Mr. Ferenc agreed with this proffered award. The court then awarded Mr. Ferenc a lump sum payment of $175,000.00, representing compensation for all damages available under the Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01432-0
Date issued/filed: 2016-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/08/2016) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01432-UNJ Document 17 Filed 05/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1432V
Filed: April 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT T. FERENC, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert P. Goodwin, Walsh Roberts & Grace, Buffalo, NY, for petitioner.
Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 30, 2015, Robert T. Ferenc (“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 an influenza (“flu”) vaccine on September 11, 2013, he suffered an injury to
his left shoulder. Petition at 1. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On April 7, 2016, respondent filed her Rule 4(c) Report in which she concedes
that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1. Specifically,
respondent concluded that petitioner’s alleged injury is consistent with shoulder injury
related to vaccine administration (“SIRVA”), and that a preponderance of the evidence
establishes that it was caused-in-fact by the flu vaccine he received on September 11,
2013. Id. at 2. Respondent further stated that she did not identify any other causes for
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. 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-01432-UNJ Document 17 Filed 05/19/16 Page 2 of 2
petitioner’s SIRVA, and that the records show petitioner has suffered the sequela of this
injury for more than six months. Id. at 2-3. Therefore, based on the current record,
petitioner has satisfied all legal prerequisites for compensation under the Act. Id. at 3.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01432-1
Date issued/filed: 2016-10-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/25/2016) regarding 23 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01432-UNJ Document 31 Filed 10/05/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1432V
Filed: July 25, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT T. FERENC, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Robert P. Goodwin, Walsh Roberts & Grace, Buffalo, NY, for petitioner.
Ryan D. Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 30, 2015, Robert T. Ferenc (“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 an influenza (“flu”) vaccine on September 11, 2013, he suffered an injury to
his left shoulder. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 8, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. On July 22, 2016, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $175,000.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
proffered award. Id. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Proffer.
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-01432-UNJ Document 31 Filed 10/05/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $175,000.00 in the form of a check payable to
petitioner, Robert T. Ferenc. 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

CCaassee 11::1155--vvvv--0011443322--UUNNJJ DDooccuummeenntt 2321 FFiilleedd 0170//2025//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERT T. FERENC,
Petitioner,
v. No. 15-1432V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 7, 2016, respondent filed her Rule 4(c) Report, in which she recommended that
the Court find petitioner entitled to compensation, and on April 8, 2016, the Court entered its
Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers
that petitioner receive an award of a lump sum of $175,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner is entitled.1
Petitioner agrees with the proffered award of $175,000.00.2
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 pain and suffering, and future lost wages.
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

CCaassee 11::1155--vvvv--0011443322--UUNNJJ DDooccuummeenntt 2321 FFiilleedd 0170//2025//1166 PPaaggee 24 ooff 24
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: July 22, 2016
2