VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01519
Package ID: USCOURTS-cofc-1_16-vv-01519
Petitioner: Scott Rodemoyer
Filed: 2016-11-15
Decided: 2018-04-30
Vaccine: influenza
Vaccination date: 2015-10-24
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 85745

AI-assisted case summary:
Scott Rodemoyer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury caused by his influenza vaccine administered on October 24, 2015. The case was assigned to the Special Processing Unit. On June 19, 2017, the respondent conceded that petitioner's injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and that he was entitled to compensation. The respondent further stated that the injury was caused-in-fact by the flu vaccine and that petitioner had suffered the sequelae of his injury for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, on June 28, 2017, the respondent filed a proffer on award of compensation, recommending an award of $85,745.70, which petitioner agreed to. The Chief Special Master awarded Scott Rodemoyer a lump sum payment of $85,745.70, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01519-0
Date issued/filed: 2018-04-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/29/2017) regarding 25 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01519-UNJ Document 35 Filed 04/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1519V
Filed: June 29, 2017
UNPUBLISHED
SCOTT RODEMOYER,
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.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 15, 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 an injury to his left shoulder caused
by his influenza vaccine administered on October 24, 2015. See generally Petition at ¶¶
1-4. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 21, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a Shoulder Injury Related to Vaccine Administration (“SIRVA”). On
June 28, 2017, respondent filed a proffer on award of compensation (“Proffer”)
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-01519-UNJ Document 35 Filed 04/05/18 Page 2 of 4
indicating petitioner should be awarded $85,745.70. Proffer at 1. 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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $85,745.70 in the form of a check payable to
petitioner, Scott Rodemoyer. 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-01519-UNJ Document 35 Filed 04/05/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SCOTT RODEMOYER, )
)
Petitioner, ) No. 16-1519V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, Respondent proffers that Petitioner should be
awarded $85,745.70, which 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
Respondent recommends that the compensation provided to Petitioner should be
made through a lump sum payment of $85,745.70 in the form of a check payable to
Petitioner.1 Petitioner agrees.
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, future pain and suffering, and future lost wages.

Case 1:16-vv-01519-UNJ Document 35 Filed 04/05/18 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: June 28, 2017
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01519-2
Date issued/filed: 2018-04-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/21/2017) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01519-UNJ Document 37 Filed 04/30/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1519V
Filed: June 21, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SCOTT RODEMOYER, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Shoulder Injury Related to Vaccine
* Administration (SIRVA);
SECRETARY OF HEALTH * Influenza (Flu) Vaccination;
AND HUMAN SERVICES, * Special Processing Unit (SPU)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Richard Kalinowski, Maglio, Christopher, and Toale, PA, Washington, DC, for
petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 15, 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 a left shoulder injury as a result of his
October 24, 2015 influenza (“flu”) vaccination. See generally Petition at 1-4. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On June 19, 2017, respondent filed his Rule 4(c) report in which he indicates that
petitioner’s injury is “consistent with a shoulder injury related to vaccine administration
(‘SIRVA’)” and 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 [p]etitioner’s left shoulder was
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-01519-UNJ Document 37 Filed 04/30/18 Page 2 of 2
caused-in-fact by the administration of the flu vaccine on October 24, 2015.” Id. at 3.
Respondent further agrees that “[p]etitioner’s injury is not due to factors unrelated to the
administration of the flu vaccine, and [p]etitioner has suffered the sequela of his injury
for more than six months.” Id. Finally, “[r]espondent has concluded that [p]etitioner has
satisfied all legal prerequisites for compensation under the Vaccine Act.”
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