VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01514
Package ID: USCOURTS-cofc-1_15-vv-01514
Petitioner: Bryant Thompson
Filed: 2015-12-14
Decided: 2016-05-19
Vaccine: influenza
Vaccination date: 2014-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Bryant Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on December 14, 2015, alleging that an influenza vaccination received on October 10, 2014, caused him to suffer a shoulder injury. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages on April 1, 2016, conceding that Mr. Thompson is entitled to compensation. The respondent agreed that the alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that the claim satisfied the Althen requirements, meaning the injury was caused-in-fact by the vaccination. The respondent further stated that Mr. Thompson had met all legal prerequisites for compensation. Based on the evidence of record, the respondent proffered an award of $115,000.00, which Mr. Thompson agreed to. The Chief Special Master found that Mr. Thompson is entitled to compensation and awarded him a lump sum payment of $115,000.00, 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-01514-0
Date issued/filed: 2016-05-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/04/2016) regarding 13 DECISION Stipulation/Proffer, Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey)(mpj) Copy to parties.
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Case 1:15-vv-01514-UNJ Document 21 Filed 05/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1514V
Filed: April 4, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRYANT THOMPSON, *
*
Petitioner, * Ruling on Entitlement; Damages
* Decision Based on Proffer;
* Concession; Influenza (“Flu”)
SECRETARY OF HEALTH * Vaccination; Shoulder Injury Related
AND HUMAN SERVICES, * to Vaccine Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffry S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES 1
Dorsey, Chief Special Master:
On December 14, 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” or “Program”]. Petitioner alleges that the influenza [“flu”] vaccination that
he received on October 10, 2014 caused him to suffer a shoulder injury. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 1, 2016, respondent filed a Rule 4(c) Report and Proffer on Damages in
which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Rule 4(c) Report and Proffer on Damages at 1 (ECF No. 12).
Specifically, respondent “believes that petitioner’s alleged injury is consistent with
shoulder injury related to vaccine administration (“SIRVA”). . . . and agrees that
petitioner’s claim satisfies the Althen requirements and that [his] alleged injury was
caused-in-fact by a vaccination.” Id. at 3 (citations omitted). Respondent further
1 Because this unpublished ruling and 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-01514-UNJ Document 21 Filed 05/19/16 Page 2 of 2
indicates that “petitioner has satisfied all legal prerequisites for compensation under the
Act”. Id.
Additionally, “[b]ased upon the evidence of record, respondent proffers that
petitioner should be awarded $115,000.00” in compensation. Respondent’s Rule 4(c)
Report and Proffer on Damages at 4. Respondent represents that petitioner agrees
with the proffered award. Id.
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation. Further, based on
the record as a whole, the undersigned finds that petitioner is entitled to an award
as stated in Respondent’s Rule 4(c) Report and Proffer on Damages.
Pursuant to the terms stated in Respondent’s Rule 4(c) Report and Proffer on
Damages at 4, the undersigned awards petitioner a lump sum payment of
$115,000.00 in the form of a check payable to petitioner, Bryant Thompson.3 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 “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.” Respondent’s Rule 4(c) Report and Proffer on Damages at 4.
4 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