VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01515
Package ID: USCOURTS-cofc-1_15-vv-01515
Petitioner: Ian Brooks
Filed: 2015-12-15
Decided: 2016-08-04
Vaccine: influenza
Vaccination date: 2013-12-09
Condition: left-sided frozen shoulder
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Ian Brooks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from left-sided frozen shoulder, severe pain, and a limited range of motion caused by an influenza vaccine he received on December 9, 2013. The respondent, the Secretary of Health and Human Services, conceded that Mr. Brooks's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and recommended that compensation be awarded. The respondent further agreed that Mr. Brooks met the statutory requirements for entitlement to compensation. Following the ruling on entitlement, the parties submitted a proffer on the award of compensation. The respondent proffered that Mr. Brooks should be awarded $115,000.00, representing all elements of compensation available under the Vaccine Act, and Mr. Brooks agreed with this amount. The court awarded Mr. Brooks a lump sum payment of $115,000.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01515-0
Date issued/filed: 2016-05-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/02/2016) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01515-UNJ Document 19 Filed 05/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1515V
Filed: May 2, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
IAN BROOKS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Frozen Shoulder; Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 15, 2015, Ian Brooks (“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 from left-sided frozen
shoulder which caused severe pain and a limited range of motion, and which was
caused in fact by an influenza (“flu”) vaccine he received on December 9, 2013.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 2, 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 alleged injury is consistent with a
shoulder injury related to vaccine administration (‘SIRVA’) and recommends that
compensation be awarded.” Id. at 1. Respondent further agrees that petitioner suffered
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-01515-UNJ Document 19 Filed 05/31/16 Page 2 of 2
the sequela of his injury for more than six months, and that he has met the statutory
requirements for entitlement to compensation. Id. at 3.
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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01515-1
Date issued/filed: 2016-08-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/15/2016) 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-01515-UNJ Document 27 Filed 08/04/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1515V
Filed: June 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
IAN BROOKS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Frozen Shoulder; Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 15, 2015, Ian Brooks (“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 from left-sided frozen
shoulder which caused severe pain and a limited range of motion, and which was
caused in fact by an influenza (“flu”) vaccine he received on December 9, 2013.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 2, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On June 15, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $115,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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-01515-UNJ Document 27 Filed 08/04/16 Page 2 of 4
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 $115,000.00 in the form of a check payable to
petitioner, Ian Brooks. 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-01515-UNJ Document 27 Filed 08/04/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
IAN BROOKS, )
)
Petitioner, )
) No. 15-1515V
v. ) Chief Special Master Dorsey
) ECF
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
$115,000.00, 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 $115,000.00 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 pain and
suffering.

Case 1:15-vv-01515-UNJ Document 27 Filed 08/04/16 Page 4 of 4
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ ANN D. MARTIN
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 307-1815; Ann.Martin@usdoj.gov
DATED: June 15, 2016
2