VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01376
Package ID: USCOURTS-cofc-1_17-vv-01376
Petitioner: Nathan Coulter
Filed: 2017-09-28
Decided: 2019-01-15
Vaccine: influenza
Vaccination date: 2016-10-16
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 99852

AI-assisted case summary:
Nathan Coulter filed a petition for compensation on September 28, 2017, alleging that he suffered right shoulder injuries as a result of an influenza vaccine he received on October 16, 2016. The respondent conceded that the bursitis petitioner suffered is consistent with a shoulder injury related to vaccine administration (SIRVA), which is a Table injury. The respondent further agreed that petitioner met the statutory requirements by suffering the condition for more than six months. On July 24, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for SIRVA. On November 29, 2018, the respondent filed a proffer on award of compensation, indicating petitioner should be awarded $95,000.00 for pain and suffering and $4,852.01 for past out-of-pocket expenses, for a total of $99,852.01. Petitioner agreed with the proffered award. The decision dated January 15, 2019, awarded petitioner a lump sum payment of $99,852.01.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01376-0
Date issued/filed: 2018-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/24/2018) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01376-UNJ Document 31 Filed 10/17/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1376V
Filed: July 24, 2018
UNPUBLISHED
NATHAN COULTER,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH Administration (SIRVA)
AND HUMAN SERVICES,
Respondent.
Ann Mayhew Golski, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 28, 2017, Nathan Coulter (“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 right
shoulder injuries as a result of an influenza (“flu”) vaccine he received on October 16,
2016. Petition at 1-2. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 23, 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 states that “the bursitis petitioner suffered is consistent with a
shoulder injury related to vaccine administration (‘SIRVA’), a Table injury, following
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).
1

Case 1:17-vv-01376-UNJ Document 31 Filed 10/17/18 Page 2 of 2
administration of the flu vaccine he received on October 16, 2016.” Id. at 5.
Respondent further agrees that “[b]ased on the medical records outlined above,
petitioner met the statutory requirements by suffering the condition for more than six
months. Therefore, based on the record as it now stands, petitioner has satisfied all
legal prerequisites for compensation under the Act.” Id. at 5-6.
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
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-01376-1
Date issued/filed: 2019-01-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/29/2018) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01376-UNJ Document 41 Filed 01/15/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1376V
Filed: November 29, 2018
UNPUBLISHED
NATHAN COULTER,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH
Injury Related to Vaccine
AND HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Brenton Aaron Elswick, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 28, 2017, Nathan Coulter (“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 right
shoulder injuries as a result of an influenza (“flu”) vaccine he received on October 16,
2016. Petition at 1-2. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 24, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On November 29, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $95,000.00 for pain
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-01376-UNJ Document 41 Filed 01/15/19 Page 2 of 4
and suffering, and $4,852.01 for past out of pocket expenses for a total of $99,852.01.
Proffer at 1. In the Proffer, respondent 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $99,852.01, in the form of a check payable to
petitioner, Nathan Coulter. 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-01376-UNJ Document 41 Filed 01/15/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
NATHAN COULTER,
)
)
Petitioner,
) No. 17-1376V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On July 23, 2018, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. On July 24, 2018, 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 upon the evidence of
record, respondent proffers that petitioner should be awarded $99,852.01. The award is
comprised of the following: $95,000.00 for pain and suffering, and $4,852.01 for past out of
pocket medical expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:17-vv-01376-UNJ Document 41 Filed 01/15/19 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $99,852.01, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Alexis B. Babcock
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-7678
Dated: November 29, 2018
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 lost earnings
and future pain and suffering.