VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00160
Package ID: USCOURTS-cofc-1_17-vv-00160
Petitioner: Joseph Lamonde
Filed: 2017-02-02
Decided: 2018-03-20
Vaccine: influenza
Vaccination date: 2015-10-06
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Joseph Lamonde filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 6, 2015. The respondent conceded that Mr. Lamonde's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. The respondent also confirmed that there were no other identified causes for the injury and that the condition persisted for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Mr. Lamonde entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation, agreeing that Mr. Lamonde should receive $95,000.00. This amount represents compensation for all damages available under the Vaccine Act. The decision awarding damages was issued on March 20, 2018, granting a lump sum payment of $95,000.00 to Mr. Lamonde.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00160-0
Date issued/filed: 2018-02-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/25/2017) 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-00160-UNJ Document 38 Filed 02/01/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0160V
Filed: August 25, 2017
UNPUBLISHED
JOSEPH LAMONDE,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 2, 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 left shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-3. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On August 24, 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. Id. at 5. Further,
respondent did not identify any other causes for petitioner’s SIRVA, and records show
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-00160-UNJ Document 38 Filed 02/01/18 Page 2 of 2
petitioner suffered his condition for more than six months. Id. Therefore, based on the
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Vaccine 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-00160-1
Date issued/filed: 2018-03-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/12/2017) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00160-UNJ Document 40 Filed 03/20/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-160V
Filed: December 12, 2017
UNPUBLISHED
JOSEPH LAMONDE,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 2, 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 left shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-3. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On August 25, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On December 12, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $95,000.00.
Proffer at 1. In the Proffer, respondent represented 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 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-00160-UNJ Document 40 Filed 03/20/18 Page 2 of 4
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, Joseph Lamonde. 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-00160-UNJ Document 40 Filed 03/20/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JOSEPH LAMONDE, )
)
Petitioner, ) No. 17-160V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On February 2, 2017, Joseph Lamonde (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. He alleged that, as a result of receiving the influenza (“flu”) vaccine on October
6, 2015, he suffered a left shoulder injury related to vaccine administration (“SIRVA”). Petition
at 1-3. On August 24, 2017, respondent filed his Vaccine Rule 4(c) report, conceding causation-
in-fact for a SIRVA to petitioner’s left arm. On August 25, 2017, the Chief Special Master
issued a ruling on entitlement, finding that petitioner was entitled to compensation for a SIRVA
to petitioner’s left arm.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$95,000.00, which represents all elements of compensation to which petitioner would be entitled
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:17-vv-00160-UNJ Document 40 Filed 03/20/18 Page 4 of 4
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $95,000.00, in the form of a check payable to petitioner.2
Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: December 12, 2017 Fax: (202) 616-4310
2 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, and the parties
reserve the right to move the Court for appropriate relief.
2