VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01012
Package ID: USCOURTS-cofc-1_17-vv-01012
Petitioner: Ricky Buras
Filed: 2017-07-27
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2016-10-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95663

AI-assisted case summary:
Ricky Buras filed a petition for compensation under the National Vaccine Injury Compensation Program on July 27, 2017, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 19, 2016. The case was assigned to the Special Processing Unit. On April 9, 2018, the respondent filed a Rule 4(c) report conceding that Mr. Buras was entitled to compensation. The respondent concluded that while the injury was not a "Table SIRVA" (meaning it did not meet the specific criteria outlined in the Vaccine Injury Table for SIRVA), it was caused-in-fact by the flu vaccine. The respondent also agreed that Mr. Buras had met the statutory requirements for entitlement. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 13, 2018, finding Mr. Buras entitled to compensation. Subsequently, on May 4, 2018, the respondent filed a proffer recommending an award of $92,500.00 for all damages and an additional $3,163.33 to satisfy a State of Mississippi Medicaid lien. The proffer stated that Mr. Buras, identified as a competent adult, agreed with the proffered award. On September 5, 2018, Chief Special Master Dorsey issued a decision awarding damages based on the proffer. The award consisted of a lump sum payment of $92,500.00, payable to Ricky Buras, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum payment of $3,163.33 was awarded to satisfy the State of Mississippi Medicaid lien, payable jointly to Ricky Buras and Magnolia Health. The total award amounted to $95,663.33. Petitioner counsel was Brian L. Cinelli of Marcus & Cinelli, LLP, and respondent counsel was Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Ricky Buras alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 19, 2016. The respondent conceded entitlement, finding the injury was caused-in-fact by the flu vaccine, although it did not meet the criteria for a "Table SIRVA." The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Compensation was awarded based on the respondent's concession and a proffer agreed to by the petitioner. Chief Special Master Nora Beth Dorsey issued the Ruling on Entitlement on April 13, 2018, and the final Decision Awarding Damages on September 5, 2018. The award totaled $95,663.33, comprising a $92,500.00 lump sum for general damages and $3,163.33 to satisfy a State of Mississippi Medicaid lien. Petitioner was represented by Brian L. Cinelli, and respondent was represented by Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01012-0
Date issued/filed: 2018-08-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/13/2018) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01012-UNJ Document 30 Filed 08/21/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1012V
Filed: April 13, 2018
UNPUBLISHED
RICKY BURAS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Brian L. Cinelli, Marcus @ Cinelli, LLP, Williamsville, NY, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 27, 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 (“flu”) vaccination administered on
October 19, 2016. Petition at 1, 10. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 9, 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 concluded that while petitioner does not qualify as suffering a
Table SIRVA, his petitioner’s alleged injury was caused-in-fact by the flu vaccine. Id. at
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-01012-UNJ Document 30 Filed 08/21/18 Page 2 of 2
7-8. Respondent further agrees that petitioner has met the statutory requirements for
entitlement to compensation. 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-01012-1
Date issued/filed: 2018-09-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/08/2018) regarding 21 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01012-UNJ Document 33 Filed 09/05/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1012V
Filed: May 8, 2018
UNPUBLISHED
RICKY BURAS,
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.
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 27, 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 (“flu”) vaccination administered on
October 19, 2016. Petition at 1, 10. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 13, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On May 4, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $92,500.00 and
$3,163.33 to satisfy a State of Mississippi Medicaid lien. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-01012-UNJ Document 33 Filed 09/05/18 Page 2 of 5
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
(1) Petitioner a lump sum payment of $92,500.00 in the form of a check payable
to petitioner, Ricky Buras. This amount represents compensation for all
damages that would be available under § 300aa-15(a); and
(2) A lump sum payment of $3,163.33, representing compensation for
satisfaction of the State of Mississippi Medicaid Lien, payable jointly to
petitioner3 and to:
Magnolia Health
5615 High Point Drive, Suite 100
Irving, TX 75038
Recipient ID: MS01382297822
Case Number: 105352
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner agrees to endorse this payment to Magnolia Health.
4 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-01012-UNJ Document 33 Filed 09/05/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RICKY BURAS,
)
)
Petitioner,
) No. 17-1012V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On April 9, 2018, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. Thereafter, on April 13, 2108, Chief Special Master Dorsey
issued a Ruling on Entitlement, 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 $92,500.00. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a), with the exception of the reimbursement of the Medicaid lien, below. Petitioner
agrees.
Respondent further proffers that petitioner, Ricky Buras, should be awarded funds to
satisfy a State of Mississippi Medicaid lien in the amount of $3,163.33, which represents full
satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of
Mississippi may have against any individual as a result of any Medicaid payments that the State
of Mississippi has made to or on behalf of Ricky Buras from the date of his eligibility for

Case 1:17-vv-01012-UNJ Document 33 Filed 09/05/18 Page 4 of 5
benefits through the date of judgment in this case as a result of his vaccine-related injury suffered
on or about October 19, 2016, under Title XIX of the Social Security Act. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through
two lump sum payments as described below:
(1) A lump sum payment of $92,500.00 in the form of a check payable to petitioner.1
(2) A lump sum payment of $3,163.33, representing compensation for satisfaction of
the State of Mississippi Medicaid lien, payable jointly to petitioner and to:
Magnolia Health
5615 High Point Drive, Suite 100
Irving, TX 75038
Recipient ID: MS01382297822
Case Number: 105352
Petitioner agrees to endorse this payment to Magnolia Health.
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
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.

Case 1:17-vv-01012-UNJ Document 33 Filed 09/05/18 Page 5 of 5
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: May 4, 2018