VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00580
Package ID: USCOURTS-cofc-1_17-vv-00580
Petitioner: Carlo Smith
Filed: 2017-12-22
Decided: 2018-05-22
Vaccine: influenza
Vaccination date: 2016-09-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 118662

AI-assisted case summary:
Carlo Smith filed a petition on May 1, 2017, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 11, 2016. The petition stated that Mr. Smith continued to experience pain more than six months after vaccination and that no civil action for damages had been brought, nor had any settlement or award been collected for his alleged vaccine-caused injury. The case was assigned to the Special Processing Unit. On December 20, 2017, the respondent filed a Rule 4(c) report conceding that Mr. Smith's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 22, 2017, finding Mr. Smith entitled to compensation. Subsequently, on May 22, 2018, Chief Special Master Dorsey issued a decision awarding damages. The respondent had proffered an award of $118,662.06, which included $115,000.00 for pain and suffering and $3,662.06 for past out-of-pocket expenses. The respondent represented that Mr. Smith agreed with this proffered award. Chief Special Master Dorsey found that Mr. Smith was entitled to the award as stated in the proffer and ordered a lump sum payment of $118,662.06, consisting of $115,000.00 for pain and suffering and $3,662.06 for past unreimbursable expenses, payable to Carlo Smith. Petitioner's counsel was Andrew Donald Downing of Van Cott & Talamante, PLLC. Respondent's counsel was Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism of injury. The decision does not name any medical experts.

Theory of causation field:
Petitioner Carlo Smith alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 11, 2016. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The case was decided based on this concession and a proffer. No specific medical experts were named in the public decision, nor was a detailed mechanism of injury described beyond its classification as a Table injury. The Special Master's ruling on entitlement was issued on December 22, 2017, and the decision awarding damages was issued on May 22, 2018. Petitioner was awarded a lump sum of $118,662.06, comprising $115,000.00 for pain and suffering and $3,662.06 for past out-of-pocket expenses. Petitioner's counsel was Andrew Donald Downing, and respondent's counsel was Traci R. Patton. Chief Special Master Nora Beth Dorsey presided over the case.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00580-1
Date issued/filed: 2018-05-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/22/2017) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00580-UNJ Document 35 Filed 05/21/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0580V
Filed: December 22, 2017
UNPUBLISHED
CARLO SMITH,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 1, 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 shoulder injury which meets the definition of
the Table injury of Shoulder Injury Related to Vaccine Administration after receiving an
influenza vaccination on September 11, 2016. Petition at 1, ¶ 15. Petitioner also
alleged that he continues to experience pain, now more than six months after
vaccination, and that a civil action for damages has not been brought or any settlement
or award collected for petitioner’s injury alleged as vaccine caused. Id. at ¶¶ 13-14.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
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-00580-UNJ Document 35 Filed 05/21/18 Page 2 of 2
On December 20, 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 concluded that petitioner’s alleged injury
is consistent with a shoulder injury related to vaccine administration (“SIRVA”) as
defined on the Vaccine Injury Table.” Id. at 5. Respondent further agrees that “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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00580-2
Date issued/filed: 2018-05-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/22/2017) regarding 25 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00580-UNJ Document 36 Filed 05/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0580V
Filed: December 22, 2017
UNPUBLISHED
CARLO SMITH,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 1, 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 shoulder injury which meets the definition of
the Table injury of Shoulder Injury Related to Vaccine Administration (“SIRVA”) after
receiving an influenza vaccination on September 11, 2016. Petition at 1, ¶ 15. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 22, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for his SIRVA. In his Rule 4(c) Report filed on December 20,
2017, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $118,662.06, representing $115,000.00 for pain and
suffering, and $3,662.06 for past out-of-pocket expenses. Rule 4(c) Report and Proffer
at 1-2.
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-00580-UNJ Document 36 Filed 05/22/18 Page 2 of 2
In the Proffer, respondent represented that petitioner agrees with the proffered
award. Id. at 2. 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 $118,662.06, consisting of $115,000.00 for pain
and suffering and $3,662.06 for past unreimburseable expenses, in the form of a
check payable to petitioner, Carlo Smith. This amount represents compensation for
all damages that would be available under § 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