VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01692
Package ID: USCOURTS-cofc-1_16-vv-01692
Petitioner: Scott Proper
Filed: 2017-09-05
Decided: 2018-02-08
Vaccine: influenza
Vaccination date: 2015-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 84612

AI-assisted case summary:
Scott Proper filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2016. He alleged that the influenza vaccine he received on October 14, 2015, caused him to develop a shoulder injury related to vaccine administration (SIRVA). Mr. Proper further alleged that the vaccine was administered in the United States, that he experienced residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action for damages as a result of his condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Proper's alleged SIRVA or any other injury or his current condition. However, on September 5, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Mr. Proper was awarded a lump sum of $84,612.30, payable to the petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on February 8, 2018, following the stipulation filed on September 5, 2017. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Scott Proper alleged that an influenza vaccine received on October 14, 2015, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation on September 5, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $84,612.30 to the petitioner. The public text does not specify the theory of causation, the mechanism of injury, or any expert testimony. The award represents compensation for all damages available under the Vaccine Act. The decision date was February 8, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01692-0
Date issued/filed: 2018-02-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/5/2017) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01692-UNJ Document 33 Filed 02/08/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1692V
Filed: September 5, 2017
UNPUBLISHED
SCOTT PROPER,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 22, 2016, Scott Proper (“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 the influenza (“flu”)
vaccine he received on October 14, 2015, caused him to develop a shoulder injury
related to vaccine administration (“SIRVA”). Petition at preamble; Stipulation, filed
September 5, 2017, at ¶¶ 1, 2, 4. Petitioner further alleges that the vaccine was
administered in the United States, that he experienced the residual effects of his injury
for more than six months, and that there has been no prior award or settlement of a civil
action for damages as a result of his condition. Petition at ¶¶ 4, 26, 28; Stipulation at ¶¶
3-5. Respondent denies that the flu vaccine is the cause of petitioner’s alleged SIRVA
or any other injury or his current condition. Stipulation at ¶ 6.
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-01692-UNJ Document 33 Filed 02/08/18 Page 2 of 7
Nevertheless, on September 5, 2017, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $84,612.30 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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

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