VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00085
Package ID: USCOURTS-cofc-1_16-vv-00085
Petitioner: Scott Curtis
Filed: 2016-06-03
Decided: 2016-07-06
Vaccine: influenza
Vaccination date: 2014-11-05
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 91217

AI-assisted case summary:
Scott Curtis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a right shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination he received on November 5, 2014. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a report conceding that Mr. Curtis was entitled to compensation. The respondent opined that Mr. Curtis experienced SIRVA of the right upper extremity within 48 hours of the flu vaccine administration, identified no other causes, and agreed that the injury was more likely than not caused by the vaccination. The respondent also confirmed that Mr. Curtis met the statutory requirements for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Curtis entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had previously proffered an award of $91,217.75, which Mr. Curtis agreed to. The court awarded Mr. Curtis a lump sum payment of $91,217.75, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00085-0
Date issued/filed: 2016-07-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/03/2016) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00085-UNJ Document 26 Filed 07/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-85V
Filed: June 3, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SCOTT CURTIS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 15, 2016, 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 a right shoulder injury related to
vaccine administration (“SIRVA”) caused in fact by an influenza vaccination
administered on November 5, 2014. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 2, 2016, respondent filed a Rule 4(c) Report and Proffer on
Compensation Award in which she concedes that petitioner is entitled to compensation
in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent “opines that
petitioner experienced SIRVA of the right upper extremity within 48 hours of flu vaccine
administration” and further stated that [n]o other causes for petitioner’s SIRVA have
been identified.” Further, respondent “agrees that petitioner’s SIRVA was more likely
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 1:16-vv-00085-UNJ Document 26 Filed 07/06/16 Page 2 of 2
than not caused by the November 5, 2014, flu vaccination.” Id. at 4. Respondent
further agrees that petitioner met the statutory six month sequela requirement and that
all legal prerequisites for compensation under the Vaccine Act have been met. Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00085-1
Date issued/filed: 2016-07-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/03/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00085-UNJ Document 27 Filed 07/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-85V
Filed: June 3, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SCOTT CURTIS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 15, 2016, 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 a right shoulder injury related to
vaccine administration (“SIRVA”) caused in fact by an influenza vaccination
administered on November 5, 2014. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 2, 2016, respondent filed a Rule 4(c) Report and Proffer on
Compensation Award (“Proffer”) indicating petitioner should be awarded $91,217.75.
Proffer at 4. In the Proffer, respondent represented that petitioner agrees with the
proffered award.
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 1:16-vv-00085-UNJ Document 27 Filed 07/06/16 Page 2 of 2
On June 3, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. 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 Proffer, the undersigned awards petitioner
a lump sum payment of $91,217.75 in the form of a check payable to petitioner,
Scott Curtis. 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