VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00615
Package ID: USCOURTS-cofc-1_16-vv-00615
Petitioner: Gilmore Wright, II
Filed: 2016-07-20
Decided: 2017-01-09
Vaccine: influenza
Vaccination date: 2014-11-07
Condition: left rotator cuff syndrome
Outcome: compensated
Award amount USD: 76380

AI-assisted case summary:
Gilmore Wright, II filed a petition for compensation under the National Vaccine Injury Compensation Program on May 25, 2016, alleging that he suffered injuries, including left rotator cuff syndrome, as a result of an influenza vaccine administered to his left deltoid on November 7, 2014. The case was assigned to the Special Processing Unit. On July 18, 2016, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that the petitioner had satisfied all legal prerequisites for compensation under the Vaccine Act. On July 20, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner entitled to compensation based on the respondent's concession and the evidence. Subsequently, on September 30, 2016, the respondent filed a proffer on award of compensation, recommending an award of $76,380.24. The petitioner agreed with this proffered award. On January 9, 2017, Chief Special Master Nora Beth Dorsey issued a decision awarding the petitioner a lump sum payment of $76,380.24, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision noted that the case was originally filed on July 20, 2016, and the ruling on entitlement was issued on July 20, 2016. Petitioner's counsel was Paul Brazil of Muller Brazil, LLP, and respondent's counsel was Voris Johnson of the U.S. Department of Justice. The public decision was issued on January 9, 2017.

Theory of causation field:
Petitioner Gilmore Wright, II alleged left rotator cuff syndrome as a result of an influenza vaccine administered on November 7, 2014. The respondent conceded that the alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that all legal prerequisites for compensation were met. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 20, 2016, finding petitioner entitled to compensation. On September 30, 2016, respondent filed a proffer on award of compensation recommending $76,380.24, which petitioner agreed to. On January 9, 2017, Chief Special Master Dorsey awarded a lump sum of $76,380.24. The theory of causation was based on the "Table" for SIRVA. Petitioner's counsel was Paul Brazil, and respondent's counsel was Voris Johnson.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00615-0
Date issued/filed: 2016-10-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/20/2016) regarding 11 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00615-UNJ Document 17 Filed 10/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-615V
Filed: July 20, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GILMORE WRIGHT, II, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 25, 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 injuries including left rotator cuff syndrome as
a result of an influenza (“flu”) vaccine administered in his left deltoid on November 7,
2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On July 18, 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 agrees that petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”). Id. at 3. Respondent
further agrees that petitioner has satisfied all legal prerequisites for compensation under
the Vaccine Act. Id.
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-00615-UNJ Document 17 Filed 10/05/16 Page 2 of 2
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-00615-1
Date issued/filed: 2017-01-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/30/2016) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00615-UNJ Document 26 Filed 01/09/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0615V
Filed: September 30, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GILMORE WRIGHT, II, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 25, 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 injuries, including left rotator cuff syndrome, as
a result of an influenza (“flu”) vaccine administered to his left deltoid on November 7,
2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On July 20, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On September 30, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $76,380.24. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-00615-UNJ Document 26 Filed 01/09/17 Page 2 of 4
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 $76,380.24, in the form of a check payable to
petitioner, Gilmore Wright, II. 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

CCaassee 11::1166--vvvv--0000661155--UUNNJJ DDooccuummeenntt 1256 FFiilleedd 0091//3009//1167 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
GILMORE WRIGHT, II, )
)
Petitioner, )
) No. 16-615V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 18, 2016, respondent filed her Rule 4(c) Report, in which she recommended that
the Court find petitioner, Gilmore Wright, II, entitled to compensation for a shoulder injury
related to vaccine administration (“SIRVA”). On July 20, 2016, the Court entered its Ruling on
Entitlement, finding petitioner entitled to compensation. Respondent now proffers that petitioner
receive an award of compensation as follows:
A lump sum of $76,380.24 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 $76,380.22.2
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

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Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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/ Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4136
Dated: September 30, 2016
2