VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01700
Package ID: USCOURTS-cofc-1_16-vv-01700
Petitioner: Thomas Casey
Filed: 2016-12-28
Decided: 2018-03-01
Vaccine: influenza
Vaccination date: 2015-11-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 527889

AI-assisted case summary:
Thomas Casey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 21, 2015. The respondent conceded that petitioner's injury was consistent with SIRVA and that the evidence established the injury was caused by the flu vaccine. Entitlement to compensation was granted on June 30, 2017. Subsequently, on November 21, 2017, the respondent filed a proffer on award of compensation, recommending an award of $527,889.17, which petitioner agreed to. The Chief Special Master issued a decision awarding Thomas Casey a lump sum payment of $527,889.17 on March 1, 2018, representing compensation for all damages available under the Vaccine Act. The case was processed as a Table claim, and the award was based on a stipulation between the parties.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01700-0
Date issued/filed: 2018-03-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/27/2017) 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-01700-UNJ Document 37 Filed 03/01/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1700V
Filed: November 27, 2017
UNPUBLISHED
THOMAS CASEY,
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.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 28, 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 received an influenza (“flu”) vaccination on
November 21, 2015, and thereafter suffered a shoulder injury. Petition at 1,2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On June 30, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
November 21, 2017, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $527,889.17. 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-01700-UNJ Document 37 Filed 03/01/18 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 $527,889.17 in the form of a check payable to
petitioner, Thomas Casey. 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-01700-UNJ Document 37 Filed 03/01/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
THOMAS CASEY,
Petitioner, No. 16-1700V
Chief Special Master Dorsey
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
On June 29, 2017, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on June 30, 2017, the Chief Special
Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $527,889.17. This amount represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner
agrees.
II. Form of the Award:
The parties recommend that the compensation provided to petitioner should be made as a
lump sum payment of $527,889.17, in the form of a check payable to petitioner, Thomas Casey.1
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
1

Case 1:16-vv-01700-UNJ Document 37 Filed 03/01/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case. This
amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which
petitioner would be entitled.
Respectfully submitted,
CHAD A. READLER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
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) 616-4356
Dated: November 21, 2017
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01700-1
Date issued/filed: 2018-04-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/30/2017) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01700-UNJ Document 38 Filed 04/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1700V
Filed: June 30, 2017
UNPUBLISHED
THOMAS CASEY,
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.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 28, 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 received an influenza (“flu”) vaccination on
November 21, 2015, and thereafter suffered a shoulder injury. Petition at 1,2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On June 29, 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 “has determined that petitioner’s alleged injury is
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-01700-UNJ Document 38 Filed 04/05/18 Page 2 of 2
consistent with a shoulder injury related to vaccine administration (“SIRVA”) Id. at 1.
Respondent further agrees that “a preponderance of evidence establishes that the injury
to petitioner’s right shoulder was caused by the administration of the November 21,
2015 flu vaccine, and that petitioner’s injury is not due to factors unrelated to the
administration of the flu vaccine”. Id. at 3. Respondent also agrees that the statutory six
month sequela requirement has been satisfied. Id. at 4.
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