VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01074
Package ID: USCOURTS-cofc-1_17-vv-01074
Petitioner: Michael Wallace
Filed: 2017-08-08
Decided: 2018-10-17
Vaccine: influenza
Vaccination date: 2016-09-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 101928

AI-assisted case summary:
Michael Wallace filed a petition for compensation under the National Vaccine Injury Compensation Program on August 8, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 15, 2016. The petition stated that the vaccination occurred in the United States, that the residual effects of the injury lasted for more than six months, and that no civil action had been filed or settlement accepted for the vaccine-caused injury. The case was assigned to the Special Processing Unit. On June 12, 2018, the respondent filed a Rule 4(c) report conceding that Mr. Wallace's claim met the Table criteria for SIRVA and that entitlement to compensation was appropriate under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 12, 2018, finding Mr. Wallace entitled to compensation. Subsequently, on July 19, 2018, the respondent filed a proffer of damages, recommending an award of $101,928.12. This amount included $100,000.00 for pain and suffering and $1,928.12 for past unreimbursable expenses. The respondent represented that Mr. Wallace agreed with this proffered award. On October 17, 2018, Chief Special Master Dorsey issued a decision awarding Mr. Wallace a lump sum payment of $101,928.12, representing compensation for all damages available under § 15(a). The award was to be paid by check to petitioner, Michael Wallace. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Ann Donohue Martin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Michael Wallace alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 15, 2016. The respondent conceded that the claim met the Table criteria for SIRVA and that entitlement to compensation was appropriate. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts. The case resulted in a compensated outcome. On October 17, 2018, Chief Special Master Nora Beth Dorsey awarded petitioner a lump sum of $101,928.12, consisting of $100,000.00 for pain and suffering and $1,928.12 for past unreimbursable expenses, based on a stipulation between the parties. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Ann Donohue Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01074-0
Date issued/filed: 2018-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2018) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01074-UNJ Document 38 Filed 09/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1074V
Filed: June 12, 2018
UNPUBLISHED
MICHAEL WALLACE,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 8, 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”) after receiving an influenza vaccine on September 15, 2016.
Petition at 1. Petitioner further alleges that he received the vaccination in the United
States, suffered the residual effects of his injury for more than six months and that
neither he nor any other party filed a civil action or accepted settlement or an award for
his injury alleged as vaccine caused. Id. at ¶¶ 14-16. 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-01074-UNJ Document 38 Filed 09/19/18 Page 2 of 2
On June 12, 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 petitioner’s claim meets the Table criteria
for SIRVA.” Id. at 5. Respondent further agrees “that entitlement to compensation is
appropriate under the terms of the Vaccine 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-01074-1
Date issued/filed: 2018-10-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/19/2018) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01074-UNJ Document 39 Filed 10/17/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1074V
Filed: July 19, 2018
UNPUBLISHED
MICHAEL WALLACE,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 8, 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 related to vaccine
administration (“SIRVA”) after receiving an influenza vaccine on September 15, 2016.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 12, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his SIRVA. On July 19, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $101,928.12,
representing $100,000.00 for pain and suffering and $1,928.12 for past unreimbursable
expenses. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-01074-UNJ Document 39 Filed 10/17/18 Page 2 of 4
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 Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $101,928.12, representing $100,000.00 for pain
and suffering and $1,928.12 for past unreimbursable expenses, in the form of a
check payable to petitioner, Michael Wallace. 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

Case 1:17-vv-01074-UNJ Document 39 Filed 10/17/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MICHAEL WALLACE, )
)
Petitioner, )
) No. 17-1074V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on June 12, 2018, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $101,928.12, including
$100,000.00 for pain and suffering, plus $1,928.12 for past unreimbursable medical expenses.1
The total sum of $101,928.12 represents all elements of compensation to which petitioner would
be entitled under 42 U.S.C. § 300aa-15(a) for his vaccine-related injury. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation should be made through a lump sum
payment of $101,928.12 in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future pain and
suffering.

Case 1:17-vv-01074-UNJ Document 39 Filed 10/17/18 Page 4 of 4
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
s/ Ann D. Martin
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Ann.Martin@usdoj.gov; (202) 307-1815
DATED: July 19, 2018
2