VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00484
Package ID: USCOURTS-cofc-1_17-vv-00484
Petitioner: Bruce Johnson
Filed: 2017-04-05
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2014-11-17
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 93856

AI-assisted case summary:
Bruce Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his influenza vaccine on November 17, 2014, caused him to suffer a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the claim met the Table criteria for SIRVA and that petitioner was entitled to a presumption of vaccine causation. The respondent confirmed that Mr. Johnson experienced onset of pain within 48 hours, limited to the injection shoulder, with no other explanatory conditions, and that the symptoms persisted for more than six months. A ruling on entitlement was issued on August 13, 2018, finding Mr. Johnson entitled to compensation. Subsequently, on August 13, 2018, the respondent filed a proffer on award of compensation, which Mr. Johnson agreed to. The court awarded Mr. Johnson a total of $93,856.23, comprising $92,500.00 for pain and suffering and $1,356.23 for out-of-pocket expenses, representing all elements of compensation available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00484-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/13/2018) regarding 46 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00484-UNJ Document 57 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-484V
Filed: August 13, 2018
UNPUBLISHED
BRUCE JOHNSON,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 5, 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 that his receipt of an influenza (“flu”) vaccine on November
17, 2014, caused him to suffer a left-sided 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 10, 2018, 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 concluded that petitioner’s claim meets the Table
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-00484-UNJ Document 57 Filed 10/23/18 Page 2 of 2
criteria for a SIRVA, and that petitioner is entitled to a presumption of vaccine causation.
Id. at 4. Respondent further agrees that petitioner suffered the onset of pain within 48
hours, that his pain and reduced range of motion were limited to the shoulder in which
the intramuscular vaccine was administered, and that there is no other condition or
abnormality present that would explain his symptoms. Respondent also stated that
petitioner’s SIRVA and its sequela persisted for more than six months. 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00484-1
Date issued/filed: 2018-10-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/15/2018) regarding 48 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00484-UNJ Document 58 Filed 10/24/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-484V
Filed: August 15, 2018
UNPUBLISHED
BRUCE JOHNSON,
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.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 5, 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 shoulder injury related to vaccine
administration (“SIRVA”) caused by an influenza (“flu”) vaccination administered on
November 17, 2014. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 13, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On August 13, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $93,856.23
consisting of $92,500.00 for pain and suffering, and $1,356.23 for out-of-pocket
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-00484-UNJ Document 58 Filed 10/24/18 Page 2 of 4
expenses. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $93,856.23 in the form of a check payable to
petitioner, Bruce Johnson. 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-00484-UNJ Document 58 Filed 10/24/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BRUCE JOHNSON, )
)
Petitioner, )
) No. 17-484V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On August 10, 2018, respondent filed his Rule 4(c) Report conceding entitlement in the
above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on August 13,
2018, finding that petitioner was entitled to vaccine compensation for his Shoulder Injury Related
to Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $93,856.23. This amount includes $92,500.00 for pain and
suffering, and $1,356.23 for out-of-pocket expenses, and it represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $93,856.23 in the form of a check payable to petitioner.1 Petitioner agrees.
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
1

Case 1:17-vv-00484-UNJ Document 58 Filed 10/24/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: August 13, 2018
2