VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00159
Package ID: USCOURTS-cofc-1_16-vv-00159
Petitioner: Richard Watkins
Filed: 2016-02-02
Decided: 2016-08-29
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Richard Watkins filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury resulting from his influenza vaccination on October 14, 2014. The respondent, the Secretary of Health and Human Services, conceded that Mr. Watkins' injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was caused by the flu vaccination. The respondent also confirmed that no other causes for the injury were identified and that the statutory sequela requirement was met. Based on this concession and the evidence, the court issued a ruling on entitlement, finding Mr. Watkins entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $60,000.00, which Mr. Watkins agreed to. The court accepted this proffer and awarded Mr. Watkins a lump sum payment of $60,000.00 as compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00159-0
Date issued/filed: 2016-05-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/15/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00159-UNJ Document 16 Filed 05/24/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-159V
Filed: April 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RICHARD WATKINS, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccination; Shoulder
v.
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 2, 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 left shoulder injury as a result of his
October 14, 2014 influenza (“flu”) vaccination. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On April 13, 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 “has concluded that petitioner’s alleged injury is
consistent with SIRVA [shoulder injury related to vaccine administration]; that a
preponderance of evidence establishes that his SIRVA was caused-in-fact by the flu
vaccination he received on October 14, 2014; and that no other causes for petitioner’s
SIRVA were identified.” Id. at 2. Respondent further indicates that “the statutory six
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-00159-UNJ Document 16 Filed 05/24/16 Page 2 of 2
month sequela requirement has been satisfied.” Id. Finally respondent states that
“based on the current record, petitioner has satisfied all legal prerequisites for
compensation under the Act.” 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-00159-1
Date issued/filed: 2016-08-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/05/2016) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00159-UNJ Document 27 Filed 08/29/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-159V
Filed: July 5, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RICHARD WATKINS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine;
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 2, 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 left shoulder injury as a result of his
October 14, 2014 influenza (“flu”) vaccination. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On April 15, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On July 5, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $60,000.00. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
award. 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 1:16-vv-00159-UNJ Document 27 Filed 08/29/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $60,000.00 in the form of a check payable to
petitioner, Richard Watkins. 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.

Case 1:16-vv-00159-UNJ Document 27 Filed 08/29/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RICHARD WATKINS,
Petitioner,
v. No. 16-159V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 13, 2016, respondent filed her Rule 4(c) Report, in which she recommended
that the Court find petitioner entitled to compensation, and on April 15, 2015, 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 $60,000.00 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 $60,000.00.2
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

Case 1:16-vv-00159-UNJ Document 27 Filed 08/29/16 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
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 5, 2016
2