VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00355
Package ID: USCOURTS-cofc-1_16-vv-00355
Petitioner: James Hooper
Filed: 2016-03-18
Decided: 2016-09-20
Vaccine: hepatitis B
Vaccination date: 2014-11-10
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
James Hooper filed a petition for compensation under the National Vaccine Injury Compensation Program on March 18, 2016, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a hepatitis B vaccine on November 10, 2014. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 22, 2016, conceding that Mr. Hooper's alleged injury was consistent with SIRVA and was caused in fact by the hepatitis B vaccine he received. The respondent also agreed that Mr. Hooper had satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 23, 2016, finding Mr. Hooper entitled to compensation. Subsequently, on September 20, 2016, Chief Special Master Dorsey issued a decision awarding damages. This decision was based on a proffer agreed to by both parties. The proffer indicated that Mr. Hooper should be awarded $100,000.00. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Pursuant to the terms of the proffer, James Hooper was awarded a lump sum payment of $100,000.00, payable by check to him, as compensation for all damages available under the Vaccine Act. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner James Hooper alleged a shoulder injury related to vaccine administration (SIRVA) following a November 10, 2014 hepatitis B vaccination. The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine, agreeing that petitioner met all legal requirements for compensation. The public text does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. The case was resolved via concession and a proffer on damages. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 23, 2016, and a damages decision on September 20, 2016. Petitioner was awarded a lump sum of $100,000.00. Petitioner's counsel was Paul Brazil, and respondent's counsel was Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00355-0
Date issued/filed: 2016-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/23/2016) regarding 17 Ruling on Entitlement Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00355-UNJ Document 27 Filed 09/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-355V
Filed: June 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES HOOPER, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Hepatitis B (“Hep B”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 18, 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 following a November 10, 2014 vaccination for
hepatitis B (“Hep B”), he suffered from a shoulder injury related to vaccine
administration. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On June 22, 2016, respondent’s counsel filed a Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent “concluded that petitioner’s alleged injury is
consistent with shoulder injury related to vaccine administration (“SIRVA”), and that it
was caused in fact by the Hep B vaccine he received on or about November 10, 2014.”
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-00355-UNJ Document 27 Filed 09/19/16 Page 2 of 2
Id. at 3-4. Respondent further agrees that petitioner has satisfied all legal prerequisites
for compensation under the Vaccine Act. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00355-1
Date issued/filed: 2016-09-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/23/2016) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00355-UNJ Document 28 Filed 09/20/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-355V
Filed: June 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JAMES HOOPER, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Hepatitis B (“Hep B”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 18, 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 from a shoulder injury related to
vaccine administration (“SIRVA”) following a November 10, 2014 hepatitis B (“Hep B”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 23, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On June 22, 2016, respondent filed a Rule 4(c) Report,
which included a proffer on award of compensation (“Proffer”) indicating petitioner
should be awarded $100,000.00. Rule 4(c) Report Conceding Entitlement to
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-00355-UNJ Document 28 Filed 09/20/16 Page 2 of 2
Compensation and Proffer on Damages at 4. 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.
Pursuant to the terms stated in the Proffer, the undersigned awards petitioner
a lump sum payment of $100,000.00 in the form of a check payable to petitioner,
James Hooper. 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