VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01564
Package ID: USCOURTS-cofc-1_16-vv-01564
Petitioner: Ron W. Flood
Filed: 2016-11-22
Decided: 2018-01-29
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Ron W. Flood filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2016, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on October 16, 2014. The respondent conceded entitlement to compensation, stating that Mr. Flood experienced SIRVA within 48 hours of the vaccination and that no other causes were identified. The case proceeded as an off-Table claim, and the respondent agreed that the injury was more likely than not caused by the vaccination. A ruling on entitlement was issued on July 14, 2017, finding Mr. Flood entitled to compensation. Subsequently, on August 7, 2017, the respondent filed a proffer on award of compensation, recommending an award of $125,000.00. Mr. Flood, identified as a competent adult, agreed with this proffered award. A decision awarding damages was issued on January 29, 2018, granting Mr. Flood a lump sum payment of $125,000.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01564-0
Date issued/filed: 2018-01-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/14/2017) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01564-UNJ Document 41 Filed 01/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1564V
Filed: July 14, 2017
UNPUBLISHED
RON W. FLOOD,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Glen Howard Sturtevant, Jr., Rawls, McNelis and Mitchell, P.C., Richmond, VA, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 22, 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 right shoulder injury as a result of
his October 16, 2014 influenza (“flu”) vaccination. See Petition at 1-8. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 13, 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.
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-01564-UNJ Document 41 Filed 01/23/18 Page 2 of 2
Specifically, respondent indicates
that petitioner experienced SIRVA [Shoulder Injury Related to Vaccine
Administration] of the right upper extremity within 48 hours of flu vaccine
administration. No other causes for petitioner’s SIRVA have been
identified. See 42 U.S.C. § 300aa-13(a)(1)(B). As such, DICP agrees that
petitioner’s SIRVA was more likely than not caused by the October 16,
2014, flu vaccination. In addition, given the medical records outlined
above, the statutory six month sequela requirement has been satisfied.
See 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore, based on the record as
it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.
Id. at 5-6.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01564-1
Date issued/filed: 2018-01-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/8/2017) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01564-UNJ Document 42 Filed 01/29/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1564V
Filed: August 8, 2017
UNPUBLISHED
RON W. FLOOD,
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.
Glen Howard Sturtevant, Jr., Rawls, McNelis and Mitchell, P.C., Richmond, VA, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 22, 2016, Ron W. Flood (“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 right
shoulder injury related to vaccine administration (“SIRVA”) as a result of his October 16,
2014 influenza (“flu”) vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 14, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On August 7, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $125,000.00. Proffer
at 1-2. 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-01564-UNJ Document 42 Filed 01/29/18 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 $125,000.00, in the form of a check payable to
petitioner, Ron W. Flood. 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-01564-UNJ Document 42 Filed 01/29/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
RON W. FLOOD, )
)
) ECF
Petitioner, )
)
v. ) No. 16-1564V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 22, 2016, Ron W. Flood (“petitioner”) filed a petition for vaccine injury
compensation alleging that he suffered a right shoulder injury related to vaccine administration
(“SIRVA”), which was caused-in-fact by an influenza (“flu”) vaccination administered on
October 16, 2014. Respondent filed his Rule 4(c) Report conceding entitlement to
compensation on July 13, 2017. The Chief Special Master issued a Ruling on Entitlement on
July 14, 2017.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00, 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-01564-UNJ Document 42 Filed 01/29/18 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 $125,000.00 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
ALEXIS B. BABCOCK
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: August 7, 2017
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2