VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01503
Package ID: USCOURTS-cofc-1_15-vv-01503
Petitioner: Ronald Belair
Filed: 2016-04-26
Decided: 2017-04-07
Vaccine: influenza
Vaccination date: 2014-11-05
Condition: left shoulder pain
Outcome: compensated
Award amount USD: 61118

AI-assisted case summary:
Ronald Belair filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he developed left shoulder pain after receiving an influenza vaccination on November 5, 2014. The case was assigned to the Special Processing Unit. Respondent conceded that petitioner was entitled to compensation, believing the alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). The ruling on entitlement was issued on March 14, 2016. Subsequently, on April 26, 2016, respondent filed a proffer on award of compensation, indicating petitioner should be awarded $61,118.82. Petitioner agreed with this amount. The Chief Special Master issued a decision awarding this lump sum payment to Ronald Belair, representing compensation for all damages available under the Act. The decision date was April 7, 2017, and the petition was filed on April 26, 2016.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01503-0
Date issued/filed: 2016-05-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/26/2016) regarding 17 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01503-UNJ Document 22 Filed 05/31/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1503V
Filed: April 26, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RONALD BELAIR, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine (“Flu Vaccine”);
v. * Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Esq., Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Julia W. McInerny, Esq., U.S. Department of Justice, Washington, DC for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 11, 2015, Ronald Belair (“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 he
“developed left shoulder pain” after receiving an influenza vaccination on November 5,
2014. Petition at 1; accord. Petition at ¶¶ 5-7. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 14, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation. On April 26, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $61,118.82. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-01503-UNJ Document 22 Filed 05/31/16 Page 2 of 4
award. Id. 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 $61,118.82 in the form of a check payable to
petitioner, Ronald Belair. 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--0011550033--UUNNJJ DDooccuummeenntt 1262 FFiilleedd 0045//2361//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
RONALD BELAIR, ) No. 15-1503
) ECF
Petitioner, ) Chief Special Master Dorsey
)
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$61,118.82 which represents 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
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $61,118.82 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
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.

CCaassee 11::1155--vvvv--0011550033--UUNNJJ DDooccuummeenntt 1262 FFiilleedd 0045//2361//1166 PPaaggee 24 ooff 24
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Julia W. McInerny
JULIA W. MCINERNY
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: April 26, 2016 (202) 353-3919
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01503-2
Date issued/filed: 2017-04-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/14/2016) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01503-UNJ Document 28 Filed 04/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1503V
Filed: March 14, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RONALD BELAIR, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Julia W. McInerny, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 11, 2015, Ronald Belair (“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 he
“developed left shoulder pain” after receiving an influenza vaccination on November 5,
2014. Petition at 1; accord. Petition at ¶¶ 5-7. Petitioner further alleges that he has
suffered the residual effects of his injury for more than six months, and neither he nor
anyone else has received compensation or has filed a civil action for his injury alleged
as vaccine caused. Id. at ¶¶ 25-26. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 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
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 (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, 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-01503-UNJ Document 28 Filed 04/07/17 Page 2 of 2
at 1. Specifically, respondent “believes that the alleged injury is consistent with SIRVA.”
Id. at 5. Respondent agrees that “petitioner meets the six month statutory requirement .
. . [and] has satisfied all legal prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2