VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00228
Package ID: USCOURTS-cofc-1_16-vv-00228
Petitioner: Gary Friedland
Filed: 2016-07-15
Decided: 2016-10-03
Vaccine: influenza
Vaccination date: 2014-09-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 96522

AI-assisted case summary:
Gary Friedland filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 19, 2014. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report and Proffer on Damages on July 15, 2016, indicating that Mr. Friedland should be awarded $96,522.75 and that he agreed with this proffered award. A ruling on entitlement had previously been issued, finding Mr. Friedland entitled to compensation for his SIRVA. Based on the record and the proffer, Chief Special Master Nora Beth Dorsey awarded Mr. Friedland a lump sum payment of $96,522.75. This amount represents compensation for all damages available under the Vaccine Act. Petitioner was represented by John R. Howie, Jr. of Howie Law, PC, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Gary Friedland alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 19, 2014. The case proceeded to a damages decision based on a stipulation/proffer. A ruling on entitlement had previously found petitioner entitled to compensation for SIRVA. Respondent filed a Rule 4(c) Report and Proffer on Damages on July 15, 2016, proposing an award of $96,522.75, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision awarding this lump sum amount on October 3, 2016. The specific mechanism of injury, expert testimony, or other details of the causation theory are not described in the public decision, but the outcome falls under the "Table" category for SIRVA. Petitioner was represented by John R. Howie, Jr., and respondent by Althea Walker Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00228-0
Date issued/filed: 2016-10-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/15/2016) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00228-UNJ Document 34 Filed 10/03/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-228V
Filed: July 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GARY FRIEDLAND, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr. Howie Law, PC, Dallas TX, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 16, 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 shoulder injury after receiving an
influenza vaccination on September 19, 2014. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On July 15, 2016, respondent filed a Rule 4(c) Report and Proffer on Damages
(“Proffer”) indicating petitioner should be awarded $96,522.75. Proffer at 6. In the
Proffer, respondent represented that petitioner agrees with the proffered award.
On July 15, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration (“SIRVA”). 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 1:16-vv-00228-UNJ Document 34 Filed 10/03/16 Page 2 of 2
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 $96,522.75 in the form of a check payable to petitioner,
Gary Friedland. 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