VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00132
Package ID: USCOURTS-cofc-1_17-vv-00132
Petitioner: Steve Helms
Filed: 2017-09-18
Decided: 2018-02-14
Vaccine: influenza
Vaccination date: 2015-10-16
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 116292

AI-assisted case summary:
Steve Helms filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2017, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 16, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report stating that he did not contest that Mr. Helms was entitled to compensation. The respondent agreed that the alleged injury was consistent with SIRVA caused-in-fact by the flu vaccine and did not identify any other causes. Based on the respondent's position and the evidence, the Chief Special Master found Mr. Helms entitled to compensation. Subsequently, on October 10, 2017, the respondent filed a proffer on award of compensation, recommending an award of $116,292.68, which Mr. Helms agreed to. The Chief Special Master awarded Mr. Helms a lump sum payment of $116,292.68.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00132-0
Date issued/filed: 2018-02-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/18/2017) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00132-UNJ Document 35 Filed 02/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0132V
Filed: September 18, 2017
UNPUBLISHED
STEVE HELMS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Danielle A. Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Kathryn A. Robinette, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 30, 2017, 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”) after receiving an influenza vaccination on October 16,
2015. Petition at 1-3. The case was assigned to the Special Processing Unit (“SPU”) of
the Office of Special Masters.
On September 15, 2017, respondent filed his Rule 4(c) Report in which he states
that he does not contest that petitioner is entitled to compensation in this case. Rule
4(c) Report at 1. Specifically, respondent stated that petitioner’s alleged injury is
consistent with SIRVA caused-in-fact by the administration of the flu vaccine he
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 1:17-vv-00132-UNJ Document 35 Filed 02/07/18 Page 2 of 2
received on October 16, 2015. Id. at 4-5. Further, respondent did not identify any other
causes for petitioner’s SIRVA, and records show that petitioner suffered his condition for
more than six months. Id. at 5. Therefore, based on the record as it now stands,
petitioner has satisfied all legal prerequisites for compensation under the Act. Id.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00132-1
Date issued/filed: 2018-02-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/10/2017) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00132-UNJ Document 36 Filed 02/14/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0132V
Filed: October 10, 2017
UNPUBLISHED
STEVE HELMS,
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 A. Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Kathryn A. Robinette, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 30, 2017, 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 alleged that he suffered a right shoulder injury related to
vaccine administration (“SIRVA”) after receiving an influenza vaccination on October 16,
2015. The case was assigned to the Special Processing Unit (“SPU”) of the Office of
Special Masters.
On September 18, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for SIRVA. On October 10, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$116,292.68. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award. Id. Based on the record as a whole, the undersigned finds
that petitioner is entitled to an award as stated in the 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 1:17-vv-00132-UNJ Document 36 Filed 02/14/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $116,292.68 in the form of a check payable to
petitioner, Steve Helms. 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 1:17-vv-00132-UNJ Document 36 Filed 02/14/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STEVE HELMS, )
)
Petitioner, )
) No. 17-132V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On September 18, 2017, the Chief Special Master issued a Ruling on Entitlement finding
that petitioner was entitled to vaccine compensation for his Shoulder Injury Related to Vaccine
Administration (“SIRVA”).
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$116,292.68, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $116,292.68, in the form of a check payable to petitioner.
Petitioner agrees.
1 Should petitioner die prior to the 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.

Case 1:17-vv-00132-UNJ Document 36 Filed 02/14/18 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
GABRIELLE FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Kathryn A. Robinette
KATHRYN A. ROBINETTE
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) 616-3661
Fax: (202) 616-4310
DATED: October 10, 2017
2