VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01022
Package ID: USCOURTS-cofc-1_17-vv-01022
Petitioner: Albert Parsons
Filed: 2017-07-28
Decided: 2018-10-31
Vaccine: influenza
Vaccination date: 2016-08-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 111096

AI-assisted case summary:
Albert Parsons filed a petition for compensation under the National Vaccine Injury Compensation Program on July 28, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccination he received on August 11, 2016. Mr. Parsons stated that he received the vaccination in the United States, had suffered residual effects of his injury for more than six months, and that neither he nor any other party had filed an action or received compensation for his alleged vaccine injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 13, 2018, conceding that Mr. Parsons was entitled to compensation. The respondent concluded that Mr. Parsons suffered SIRVA as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 14, 2018, finding Mr. Parsons entitled to compensation. Subsequently, on October 31, 2018, Chief Special Master Dorsey issued a decision awarding damages. This decision was based on a joint Rule 4(c) Report and Proffer. The report indicated that Mr. Parsons should be awarded $3,596.31 for unreimbursable medical expenses and $107,500.00 for actual and projected pain and suffering. The respondent represented that Mr. Parsons agreed with the proffered award. Chief Special Master Dorsey awarded Mr. Parsons a lump sum payment of $111,096.31, representing $107,500.00 for actual and projected pain and suffering and $3,596.31 for unreimbursable expenses, payable by check to Albert Parsons. The decision noted that this amount represented compensation for all damages available under § 15(a). The attorneys involved were Ann Mayhew Golski for the petitioner and Robert Paul Coleman, III for the respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

Theory of causation field:
Petitioner Albert Parsons alleged a shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccination received on August 11, 2016. The respondent conceded that petitioner suffered SIRVA as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation. The case proceeded to a ruling on entitlement on September 14, 2018, finding petitioner entitled to compensation. A subsequent decision on October 31, 2018, awarded petitioner a lump sum of $111,096.31, comprising $107,500.00 for pain and suffering and $3,596.31 for unreimbursable medical expenses, based on a joint Rule 4(c) Report and Proffer. Chief Special Master Nora Beth Dorsey presided over the case. Petitioner was represented by Ann Mayhew Golski, and respondent was represented by Robert Paul Coleman, III. The specific medical experts, mechanism of injury beyond the Table definition, or detailed clinical facts were not described in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01022-0
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/14/2018) regarding 38 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01022-UNJ Document 45 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1022V
Filed: September 14, 2018
UNPUBLISHED
ALBERT PARSONS,
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.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 28, 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”) causally related to an adverse reaction to the seasonal
influenza vaccination he received on August 11, 2016. Petition at ¶¶ 1, 8-9. Petitioner
further alleges that he received the vaccination in the United States, has suffered the
residual effects of his injury for more than six months, and that neither he nor any other
party has filed an action or received compensation for his injury alleged as vaccine
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling will be available to anyone with access to the internet. 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. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
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-01022-UNJ Document 45 Filed 10/24/18 Page 2 of 2
caused. Id. at ¶¶ 1, 10, 13-14. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 13, 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. 3 Specifically, respondent “has concluded that petitioner suffered
SIRVA as defined by the Vaccine Injury Table.” Id. at 2. 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
3 Specifically, respondent filed a combined Rule 4(c) report and proffer. (ECF No. 37).

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01022-1
Date issued/filed: 2018-10-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/14/2018) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01022-UNJ Document 46 Filed 10/31/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1022V
Filed: September 14, 2018
UNPUBLISHED
ALBERT PARSONS,
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.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 28, 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”) causally related to an adverse reaction to the seasonal
influenza vaccination he received on August 11, 2016. Petition at ¶¶ 1, 8-9. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On September 14, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for his SIRVA. On September 13, 2018, respondent filed a
combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4/Proffer”)
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-01022-UNJ Document 46 Filed 10/31/18 Page 2 of 2
indicating petitioner should be awarded $3,596.31 for unreimbursable medical expenses
and $107,500.00 for actual and projected pain and suffering. Rule 4/Proffer at 1. In the
Rule 4/Proffer, respondent represented that petitioner agrees with the proffered award.
Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to
an award as stated in the Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, the undersigned awards
petitioner a lump sum payment of $111,096.31, representing $107,500.00 for
actual and projected pain and suffering and $3,596.31 for unreimbursable
expenses in the form of a check payable to petitioner, Albert Parsons. 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