VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00986
Package ID: USCOURTS-cofc-1_17-vv-00986
Petitioner: William Nischbach
Filed: 2017-07-21
Decided: 2018-09-26
Vaccine: influenza
Vaccination date: 2016-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 101150

AI-assisted case summary:
William Nischbach filed a petition for compensation under the National Vaccine Injury Compensation Program on July 21, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 11, 2016. The case was assigned to the Special Processing Unit. On April 30, 2018, a ruling on entitlement was issued, finding Mr. Nischbach entitled to compensation for his SIRVA. Respondent filed a proffer on June 19, 2018, indicating that Mr. Nischbach should be awarded $101,150.00. This amount comprised $1,151.23 for past out-of-pocket expenses and $99,998.77 for past and future pain and suffering. The respondent represented that Mr. Nischbach agreed with the proffered award. The decision on September 26, 2018, awarded Mr. Nischbach the lump sum of $101,150.00, payable to him, as compensation for all damages available under the Vaccine Act. The respondent conceded entitlement as a Table injury, and the parties stipulated to the damages.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00986-0
Date issued/filed: 2018-09-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/20/2018) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00986-UNJ Document 37 Filed 09/26/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0986V
Filed: June 20, 2018
UNPUBLISHED
WILLIAM NISCHBACH,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 21, 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”) as a result of an influenza vaccination received on October 11,
2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On April 30, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for his SIRVA. On June 19, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $101,150.00, which is
comprised of $1,151.23 for petitioner’s past out of pocket expenses and $99,998.77 for
his past and future pain and suffering. Proffer at 1. In the Proffer, respondent
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-00986-UNJ Document 37 Filed 09/26/18 Page 2 of 4
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 $101,150.00 (representing $1,151.23 for
petitioner’s past out of pocket expenses and $99,998.77 for his past and future
pain and suffering) in the form of a check payable to petitioner, William
Nischbach. 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-00986-UNJ Document 37 Filed 09/26/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WILLIAM NISCHBACH,
Petitioner,
No. 17-986V
v.
Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 30, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. That same day, April 30, 2018, the Chief Special Master issued a Ruling on
Entitlement adopting respondent’s recommendation.
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that based on the evidence of record, petitioner should be awarded
$101,150.00, comprised of $1,151.23 for petitioner’s past out of pocket expenses and $99,998.77
for his past and future pain and suffering. This amount 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 should be made
through a lump sum payment as described below, and requests that the special master’s decision
1

Case 1:17-vv-00986-UNJ Document 37 Filed 09/26/18 Page 4 of 4
and the Court’s judgment award the following:1
A lump sum payment of $101,150.00 in the form of a check payable to petitioner,
William Nischbach. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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
ALEXIS BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: June 19, 2018
1 Should petitioner die prior to 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.
2