VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00166
Package ID: USCOURTS-cofc-1_16-vv-00166
Petitioner: John D. Buser
Filed: 2016-04-29
Decided: 2016-05-31
Vaccine: influenza
Vaccination date: 2014-10-12
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
John D. Buser filed a petition for compensation on April 29, 2016, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 12, 2014. The respondent filed a Rule 4(c) report on April 28, 2016, conceding that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on October 12, 2014. The respondent also agreed that Mr. Buser met the statutory requirements for entitlement to compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2016, finding Mr. Buser entitled to compensation based on the respondent's concession and the evidence presented. Subsequently, on the same date, Chief Special Master Dorsey issued a decision awarding damages based on a stipulation and proffer. The respondent proffered an award of $100,000.00, which the petitioner agreed to. The decision states that the petitioner is entitled to a lump sum payment of $100,000.00, payable to John D. Buser, representing compensation for all damages available under § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by William E. Cochran, Jr. of Black McLaren, et al., PC, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

Theory of causation field:
Petitioner John D. Buser alleged that an influenza vaccine administered on October 12, 2014, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine, agreeing that petitioner met the statutory requirements for entitlement. The case was decided based on this concession. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2016, and a damages decision on the same date. The damages decision awarded a lump sum of $100,000.00, based on a proffer agreed to by the petitioner, representing compensation for all damages. The theory of causation was considered "Off-Table." The public decision does not detail specific medical evidence, expert testimony, or the mechanism of injury beyond the concession of SIRVA caused by the vaccine.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00166-0
Date issued/filed: 2016-05-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/29/2016) regarding 14 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00166-UNJ Document 20 Filed 05/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0166V
Filed: April 29, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN D. BUSER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
v.
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 3, 2016, John D. Buser (“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, as a result of receiving
the influenza (“flu”) vaccine on October 12, 2014, he suffered a shoulder injury that was
caused-in-fact by his vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 28, 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
shoulder injury related to vaccine administration (SIRVA), and that it was caused in fact
by the flu vaccine he received on October 12, 2015.” Id. at 3-4. Respondent further
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).
1

Case 1:16-vv-00166-UNJ Document 20 Filed 05/31/16 Page 2 of 2
agrees that petitioner has met the statutory requirements for entitlement to
compensation. Id. at 4.
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_16-vv-00166-1
Date issued/filed: 2016-05-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/29/2016) regarding 15 DECISION Stipulation/Proffer, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00166-UNJ Document 21 Filed 05/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0166V
Filed: April 29, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOHN D. BUSER, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder;
v.
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 3, 2016, John D. Buser (“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, as a result of receiving
an influenza (“flu”) vaccine on October 12, 2014, he suffered a shoulder injury that was
caused-in-fact by his vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On April 29, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On April 28, 2016, respondent filed a Rule 4(c) Report which included a
proffer on award of compensation (“Proffer”) stating that petitioner should be awarded
$100,000.00. Respondent’s Report/Proffer at 4. In the Proffer, respondent represents
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).
1

Case 1:16-vv-00166-UNJ Document 21 Filed 05/31/16 Page 2 of 2
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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $100,000.00, in the form of a check payable to
petitioner, John D. Buser. 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