VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00698
Package ID: USCOURTS-cofc-1_16-vv-00698
Petitioner: Joseph Brunner
Filed: 2016-11-29
Decided: 2017-03-07
Vaccine: influenza
Vaccination date: 2015-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Joseph Brunner filed a petition for compensation under the National Vaccine Injury Compensation Program on June 14, 2016. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on September 28, 2015. The case was assigned to the Special Processing Unit. On September 30, 2016, the Chief Special Master issued a ruling on entitlement, finding Mr. Brunner entitled to compensation. Respondent filed a proffer on November 29, 2016, indicating that Mr. Brunner should be awarded $105,000.00, and Mr. Brunner agreed with this proffered award. The decision on March 7, 2017, awarded Mr. Brunner a lump sum payment of $105,000.00, payable to him as a check. This award represents compensation for all damages available under the Vaccine Act. Mr. Brunner is a competent adult, and no guardianship was required. The case proceeded as an off-Table claim. Petitioner was represented by John Howie, Jr. of Howie Law, P.C., and respondent was represented by Linda Renzi, U.S. Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Joseph Brunner alleged that an influenza vaccine administered on September 28, 2015, caused a shoulder injury related to vaccine administration (SIRVA). The case was designated as an off-Table claim. The Chief Special Master issued a ruling on entitlement on September 30, 2016, finding petitioner entitled to compensation. Respondent filed a proffer on November 29, 2016, recommending an award of $105,000.00, which petitioner accepted. On March 7, 2017, Chief Special Master Nora Beth Dorsey awarded petitioner a lump sum of $105,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by John Howie, Jr., and respondent was represented by Linda Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00698-0
Date issued/filed: 2017-03-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/29/2016) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00698-UNJ Document 30 Filed 03/07/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-698V
Filed: November 29, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOSEPH BRUNNER, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, P.C., Dallas TX, for petitioner.
Linda Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 14, 2016, Joseph Brunner (“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” or “Program”). Petitioner alleges that he suffered a shoulder
injury related to vaccine administration (“SIRVA”) caused-in-fact by the influenza
vaccine he received on September 28, 2015. Petition at 1, ¶¶ 1, 3, 15. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 30, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 16). On November 29, 2016, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $105,000.00. Proffer at 1. In the Proffer, respondent represented that
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-00698-UNJ Document 30 Filed 03/07/17 Page 2 of 4
petitioner agrees with the proffered award. Id. 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 $105,000.00 in the form of a check payable to
petitioner, Joseph Brunner. 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

Case 1:16-vv-00698-UNJ Document 30 Filed 03/07/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOSEPH BRUNNER, )
)
Petitioner, ) No. 16-698V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 30, 2016, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner was entitled to vaccine compensation for his Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Respondent proffers that based on the evidence of record, petitioner
should be awarded $105,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4).
Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:1
A lump sum payment of $105,000.00, in the form of a check payable to petitioner,
Joseph Brunner. This amount accounts for all elements of compensation under
42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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 lost earnings, and future pain and suffering.

Case 1:16-vv-00698-UNJ Document 30 Filed 03/07/17 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
s/Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
DATE: November 29, 2016
2