VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01465
Package ID: USCOURTS-cofc-1_17-vv-01465
Petitioner: Bangone Thirakul
Filed: 2017-10-06
Decided: 2018-12-06
Vaccine: influenza
Vaccination date: 2014-10-13
Condition: subacromial bursitis, tendonitis, and impingement syndrome
Outcome: compensated
Award amount USD: 82500

AI-assisted case summary:
Bangone Thirakul filed a petition for compensation under the National Vaccine Injury Compensation Program on October 6, 2017, alleging injury from an influenza vaccine received on October 13, 2014. She claimed to have suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), specifically subacromial bursitis, tendonitis, and impingement syndrome. The respondent filed a Rule 4(c) report on September 4, 2018, conceding that the petitioner's alleged injury was not consistent with SIRVA, but that her subacromial bursitis, tendonitis, and impingement syndrome were caused-in-fact by the flu vaccination. The respondent further stated that no other cause for the petitioner's injury had been identified and that medical records demonstrated residual effects for more than six months. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 5, 2018, finding petitioner entitled to compensation. Subsequently, on October 9, 2018, the respondent filed a Proffer on Award of Compensation, stipulating to an award of $82,500.00 for pain and suffering. Petitioner agreed with this proffered award. Chief Special Master Dorsey issued a Decision Awarding Damages on December 6, 2018, awarding petitioner a lump sum payment of $82,500.00, payable to Bangone Thirakul, as compensation for all damages available under the Vaccine Act. Steven I. Kastner represented the petitioner, and Sarah Christina Duncan represented the respondent. The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received.

Theory of causation field:
Petitioner Bangone Thirakul received an influenza vaccine on October 13, 2014. She alleged injury in the form of subacromial bursitis, tendonitis, and impingement syndrome, categorized as SIRVA. The respondent conceded that these conditions were caused-in-fact by the vaccination and that no other cause was identified, with residual effects lasting over six months. The respondent's concession led to a ruling on entitlement. The parties subsequently stipulated to an award of $82,500.00 for pain and suffering, paid as a lump sum to the petitioner. The theory of causation was determined to be off-Table. Chief Special Master Nora Beth Dorsey presided over the case. Petitioner was represented by Steven I. Kastner, and respondent was represented by Sarah Christina Duncan. The decision was issued on December 6, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01465-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/05/2018) 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-01465-UNJ Document 47 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1465V
Filed: September 5, 2018
UNPUBLISHED
BANGONE THIRAKUL,
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, Subacromial Bursitis, Tendonitis, and
Impingement Syndrome
Respondent.
Steven I. Kastner, San Diego, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 6, 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 she suffered injuries, including a Shoulder Injury
Related to Vaccine Administration resulting from an influenza vaccination received on
October 13, 2014. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 4, 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 asserts that petitioner’s alleged injury is not
consistent with SIRVA because her pain was not limited to the shoulder in which the
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-01465-UNJ Document 47 Filed 10/23/18 Page 2 of 2
vaccination was administered; however, respondent has concluded that petitioner’s
subacromial bursitis, tendonitis, and impingement syndrome were caused-in-fact by her
October 13, 2014 flu vaccination. Id. at 7. Respondent further agrees that he has not
identified any other cause for petitioner’s injury and that the medical records
demonstrate that she suffered the residual effects of her condition for more than six
months. Id. Therefore, respondent concedes that “petitioner has satisfied all legal
prerequisites for compensation under 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-01465-1
Date issued/filed: 2018-12-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/09/2018) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01465-UNJ Document 48 Filed 12/06/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1465V
Filed: October 9, 2018
UNPUBLISHED
BANGONE THIRAKUL,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA); Subacromial
SECRETARY OF HEALTH AND
Bursitis; Tendonitis; Impingement
HUMAN SERVICES,
Syndrome
Respondent.
Steven I. Kastner, San Diego, CA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 6, 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 she suffered injuries, including a Shoulder Injury
Related to Vaccine Administration resulting from an influenza vaccination received on
October 13, 2014. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On September 5, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for subacromial bursitis, tendonitis, and impingement
syndrome. On October 9, 2018, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $82,500.00. Proffer at 2. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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-01465-UNJ Document 48 Filed 12/06/18 Page 2 of 5
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 $82,500.00 in the form of a check payable to
petitioner, Bangone Thirakul. 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-01465-UNJ Document 48 Filed 12/06/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BANGONE THIRAKUL, )
)
Petitioner, )
) No. 17-1465V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 6, 2017, Bangone Thirakul (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), alleging that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) in her left shoulder as a result of an influenza (“flu”) vaccine
administered on October 13, 2014. Petition at 1. On September 4, 2018, the Secretary of Health
and Human Services (“respondent”) filed a Rule 4(c) Report concluding that a preponderance of
the medical evidence establishes that petitioner’s subacromial bursitis, tendonitis, and
impingement syndrome, confirmed by an MRI, were caused-in-fact by the flu vaccine she
received on October 13, 2014, and indicating that this case is appropriate for compensation under
the terms of the Act. ECF No. 37. The Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation on September 5, 2018. ECF No. 38.

Case 1:17-vv-01465-UNJ Document 48 Filed 12/06/18 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Bangone Thirakul should be awarded $82,500.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to Bangone Thirakul should be made
through a lump sum payment as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following1: $82,500.00 for pain and suffering, in
the form of a check payable to petitioner, Bangone Thirakul.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Bangone Thirakul: $82,500.00
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
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.
2

Case 1:17-vv-01465-UNJ Document 48 Filed 12/06/18 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Sarah C. Duncan
Sarah C. Duncan
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 514-9729
Fax: (202) 616-4310
DATED: October 9, 2018
3