VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00983
Package ID: USCOURTS-cofc-1_16-vv-00983
Petitioner: Brady Scott
Filed: 2016-11-02
Decided: 2017-11-30
Vaccine: influenza
Vaccination date: 2015-10-12
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 210000

AI-assisted case summary:
Brady Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2016, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine he received on October 12, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the evidence established that petitioner's left shoulder injury was caused by the flu vaccine and that the statutory six-month sequela requirement was satisfied. Based on this concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Brady Scott entitled to compensation. Subsequently, on March 28, 2017, the respondent filed a proffer on award of compensation, stating that petitioner should be awarded $210,000.00 and that petitioner agreed with this amount. The Chief Special Master reviewed the proffer and awarded Brady Scott a lump sum payment of $210,000.00, representing compensation for all damages available under the Vaccine Act. This decision was issued on November 30, 2017.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00983-0
Date issued/filed: 2017-03-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/02/2016) regarding 10 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00983-UNJ Document 17 Filed 03/08/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-983V
Filed: November 2, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRADY SCOTT, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah Durant, Law Offices of Leah Durant, PLLC, Washington, DC, for petitioner.
Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 10, 2016, Brady Scott (“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 injuries,
including a shoulder injury related to vaccine administration (“SIRVA”) caused by the
influenza vaccine he received on October 12, 2015. Petition at 1, ¶¶ 1, 6. Petitioner
further alleges that he has suffered the residual effects of his injury for more than six
months and that neither he nor any other party has received compensation for his injury
alleged as vaccine caused. Id. at ¶¶ 6-7. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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-00983-UNJ Document 17 Filed 03/08/17 Page 2 of 2
On November 1, 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 “has concluded that a preponderance of
evidence establishes that the injury to petitioner’s left shoulder was caused by the
administration of the October 12, 2015, flu vaccine, and that petitioner’s injury is not due
to factors unrelated to the administration of the October 12, 2015, flu vaccine.” Id. at 3
(citation omitted). Respondent further indicates “the statutory six month sequela
requirement has been satisfied.” Id. (citation omitted).
In view of respondent’s concession and the evidence before me, I find 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-00983-1
Date issued/filed: 2017-11-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/29/2017) 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-00983-UNJ Document 30 Filed 11/30/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-983V
Filed: March 29, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRADY SCOTT, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah Durant, Law Offices of Leah Durant, PLLC, Washington, DC, for petitioner.
Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 10, 2016, Brady Scott (“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 injuries,
including a shoulder injury related to vaccine administration (“SIRVA”) caused by the
influenza vaccine he received on October 12, 2015. Petition at 1, ¶¶ 1, 6. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On November 2, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 10). On March 28, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $210,000.00. 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-00983-UNJ Document 30 Filed 11/30/17 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 $210,000.00 in the form of a check payable to
petitioner, Brady Scott. 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-00983-UNJ Document 30 Filed 11/30/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRADY SCOTT,
Petitioner, No. 16-983V
Chief Special Master Dorsey
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that, based on the evidence of record, petitioner, Brady Scott, should
be awarded $210,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Brady Scott should be made in
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
(1) A lump sum payment of $210,000.00 in the form of a check payable to petitioner,
Brady Scott. This amount accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 and future pain and suffering.

Case 1:16-vv-00983-UNJ Document 30 Filed 11/30/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
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) 616-4356
Dated: March 28, 2017