VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01357
Package ID: USCOURTS-cofc-1_16-vv-01357
Petitioner: Douglas A. Freedman
Filed: 2016-10-18
Decided: 2018-02-06
Vaccine: influenza
Vaccination date: 2013-10-23
Condition: shoulder pain and restricted range of motion
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Douglas A. Freedman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered shoulder pain and restricted range of motion caused by an influenza vaccine he received on October 23, 2013. He stated that he received the vaccination in the United States, had suffered residual effects for more than six months, and had never received prior compensation. Respondent filed a Rule 4(c) report conceding that Mr. Freedman was entitled to compensation and that his Shoulder Injury Related to Vaccine Administration (SIRVA) was more likely than not caused by the vaccination. Based on the respondent's concession and the evidence, the court found Mr. Freedman entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent filed a proffer on award of compensation, recommending an award of $100,000.00, which represented all elements of compensation to which Mr. Freedman would be entitled under the Act. Mr. Freedman agreed with this proffered award. The court awarded Mr. Freedman a lump sum payment of $100,000.00.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01357-0
Date issued/filed: 2017-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/24/2017) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01357-UNJ Document 37 Filed 10/27/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1357V
Filed: March 24, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DOUGLAS A. FREEDMAN, *
*
v. *
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for
petitioner.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 18, 2016, Douglas A. Freedman (“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 shoulder pain and restricted range of motion caused-in-fact by the influenza
vaccine he received on October 23, 2013. Petition at 1, ¶¶ 4, 41. Petitioner further
alleges that he received the vaccination in the United States, has suffered the residual
effects of his injury for more than six months, and that he has never received
compensation for his injury alleged as vaccine caused. Id. at ¶¶ 4, 19 45. 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-01357-UNJ Document 37 Filed 10/27/17 Page 2 of 2
On March 23, 2017, respondent filed his 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 “agrees that petitioner’s SIRVA was more likely than not
caused by the October 23, 2013, flu vaccination.” Id. at 4. Respondent further indicates
that “based on the record as it now stands, petitioner has satisfied all legal prerequisites
for compensation under the Act.” Id. at 5.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01357-1
Date issued/filed: 2018-02-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 9/7/2017) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01357-UNJ Document 39 Filed 02/06/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1357V
Filed: September 7, 2017
UNPUBLISHED
DOUGLAS A. FREEDMAN,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 18, 2016, Douglas A. Freedman (“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 alleged that he
suffered shoulder pain and restricted range of motion caused-in-fact by the influenza
vaccine he received on October 23, 2013. Petition at 1, ¶¶ 4, 41.
On March 24, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for shoulder injury related to vaccine administration (“SIRVA”). On
September 5, 2017, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $100,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-01357-UNJ Document 39 Filed 02/06/18 Page 2 of 4
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 $100,000.00 in the form of a check payable to
petitioner, Douglas A. Freedman. 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-01357-UNJ Document 39 Filed 02/06/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
DOUGLAS A. FREEDMAN, )
)
) ECF
Petitioner, )
)
v. ) No. 16-1357V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 18, 2016, Douglas Freedman (“petitioner”) filed a petition for vaccine injury
compensation alleging that he suffered a left shoulder injury related to vaccine administration
(“SIRVA”), which was caused-in-fact by an influenza (“flu”) vaccination administered on October
23, 2013. Respondent filed his Rule 4(c) Report conceding entitlement to compensation on
March 23, 2017. The Chief Special Master issued a Ruling on Entitlement on March 24, 2017.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$100,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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.
1

Case 1:16-vv-01357-UNJ Document 39 Filed 02/06/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $100,000.00 in the form of a check payable to petitioner.2
Petitioner agrees.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
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) 616-4099
DATED: September 5, 2017
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2