VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01688
Package ID: USCOURTS-cofc-1_16-vv-01688
Petitioner: David Byrd
Filed: 2017-08-09
Decided: 2018-05-15
Vaccine: influenza
Vaccination date: 2016-01-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
David Byrd filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on January 29, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded that Mr. Byrd's injury was consistent with SIRVA and that the evidence established it was caused-in-fact by the flu vaccination. The respondent also confirmed that no other causes for the injury were identified and that the statutory six-month sequela requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Byrd entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had proffered an award of $95,000.00, which Mr. Byrd agreed to. The court awarded Mr. Byrd a lump sum payment of $95,000.00 as compensation for all available damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01688-0
Date issued/filed: 2018-01-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/9/2017) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01688-UNJ Document 34 Filed 01/29/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1688V
Filed: August 9, 2017
UNPUBLISHED
DAVID BYRD,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 22, 2016, David Byrd (“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 received an influenza (“flu”)
vaccine on January 29, 2016, and thereafter suffered a shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 9, 2017, respondent filed his Rule 4(c) report and Proffer in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report/Proffer at 1. Specifically, respondent states that “petitioner’s alleged injury
is consistent with SIRVA; that a preponderance of the evidence establishes that his
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-01688-UNJ Document 34 Filed 01/29/18 Page 2 of 2
SIRVA was caused-in-fact by the flu vaccination he received on January 29; 2016; and
that no other causes for petitioner’s SIRVA were identified. Id. at 2. Respondent further
agrees that the statutory six month sequela requirement has been satisfied. Id. at 2-3.
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-01688-2
Date issued/filed: 2018-05-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/9/2017) 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-01688-UNJ Document 36 Filed 05/15/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1688V
Filed: August 9, 2017
UNPUBLISHED
DAVID BYRD,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 22, 2016, David Byrd (“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 received an influenza (“flu”)
vaccine on January 29, 2016, and thereafter suffered a shoulder injury related to
vaccine administration. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 9, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On August 9, 2017, respondent filed a Rule 4(c) Report
and Proffer on award of compensation (“Rule 4/Proffer”) indicating petitioner should be
awarded $95,000.00. Rule 4/Proffer at 1. In the Rule 4/Proffer, respondent represents
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-01688-UNJ Document 36 Filed 05/15/18 Page 2 of 2
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 Rule 4/Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $95,000.00, in the form of a check payable to
petitioner, David Byrd. 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