VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01529
Package ID: USCOURTS-cofc-1_17-vv-01529
Petitioner: Ryan Thompson
Filed: 2017-10-16
Decided: 2020-04-06
Vaccine: influenza
Vaccination date: 2016-10-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 111380

AI-assisted case summary:
Ryan Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving the influenza vaccine on October 6, 2016. The case was assigned to the Special Processing Unit. After initial attempts at informal resolution, the court found that the onset of Mr. Thompson's SIRVA occurred within 48 hours of vaccination. The Respondent subsequently filed a report conceding entitlement, stating that Mr. Thompson suffered SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation. Based on the Respondent's concession and the evidence, the court issued a ruling on entitlement. Later, the Respondent filed a proffer on the award of compensation, recommending an award of $111,380.61. This amount represented $110,000.00 for past and future pain and suffering, and $1,380.61 in unreimbursed medical expenses. Mr. Thompson agreed with this proffered award. The court accepted the proffer and awarded Mr. Thompson the lump sum of $111,380.61. This amount compensated him for all damages available under the Act, excluding attorneys' fees and litigation costs, which would be determined at a later date.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01529-0
Date issued/filed: 2019-11-04
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/13/2019) regarding 46 Findings of Fact & Conclusions of Law,, Scheduling Order, Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:17-vv-01529-UNJ Document 52 Filed 11/04/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1529V
Filed: August 13, 2019
UNPUBLISHED
RYAN THOMPSON,
Petitioner, Special Processing Unit (SPU);
v. Findings of Fact; Onset; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND Related to Vaccine Administration
HUMAN SERVICES, (SIRVA)
Respondent.
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
FINDINGS OF FACT1
Dorsey, Chief Special Master:
On October 16, 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”) in his left shoulder from an influenza (“flu”) vaccine
administered on October 16, 2016. Petition at 1, 3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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-01529-UNJ Document 52 Filed 11/04/19 Page 2 of 4
For the reasons discussed below, the undersigned finds the onset of petitioner’s
shoulder injury related to vaccine administration (“SIRVA”) occurred within 48 hours of
vaccination. Specifically, petitioner suffered pain within 48 hours of vaccination.
I. Relevant Procedural History
In support of his claim, petitioner filed medical records (Exs. 1-6, 8-10, 13-15), his
own affidavit (Exs. 7), and witness affidavits (Ex. 16, Aff. of Angela Thompson (wife);
Ex. 17, Aff. of Brenda Thompson (mother); Ex. 18, Aff. of Ashley Wendler (sister)).
Deadlines for respondent to report his position in the case were set following the
December 15, 2017 initial status conference. Orders, ECF Nos. 9, 18, 21.
On June 18, 2018, respondent reported that he was interested in exploring an
informal resolution of the case. ECF No. 23. The parties spent nearly a year discussing
settlement. See generally ECF Nos. 25-40. On June 7, 2019, petitioner reported a
“belief” that “respondent has a fact issue in this case with regards to onset of
symptoms.” Pet.’s Status Report, ECF No. 42. A status conference was held on June
13, 2019, to discuss petitioner’s status report. Order, ECF No. 43. During the
conference, petitioner requested that the undersigned issue a fact ruling on onset. Id.
Thereafter, the undersigned reviewed the evidence and determined that fact
hearing or briefing would not be necessary. Order, ECF No. 43. A deadline was set for
closing the record on the matter of onset. Id. In response, petitioner filed witness
affidavits. Exs. 16-18. Respondent filed a status report indicating that he did not intend
to file anything in regards to onset. ECF No. 45. The matter is now ripe for
adjudication.
II. Issue
At issue is whether petitioner’s first symptom or manifestation of onset after
vaccine administration was within 48 hours as set forth in the Vaccine Injury Table. 42
C.F.R. § 100.3(a) XIV.B. (2017) (influenza vaccination). Additionally, the Qualifications
and aids to interpretation (“QAI”) for a Table SIRVA require that a petitioner’s pain occur
within this same time frame, 48 hours. 42 C.F.R. § 100.3(c)(10).
III. Authority
Pursuant to Vaccine Act § 13(a)(1)(A), a petitioner must prove, by a
preponderance of the evidence, the matters required in the petition by Vaccine Act
§ 11(c)(1). A special master may find that the first symptom or manifestation of onset of
an injury occurred “within the time period described in the Vaccine Injury Table even
2

Case 1:17-vv-01529-UNJ Document 52 Filed 11/04/19 Page 3 of 4
though the occurrence of such symptom or manifestation was not recorded or was
incorrectly recorded as having occurred outside such period.” Vaccine Act § 13(b)(2).
“Such a finding may be made only upon demonstration by a preponderance of the
evidence that the onset [of the injury] . . . did in fact occur within the time period
described in the Vaccine Injury Table.” Id.
A special master must consider, but is not bound by, any diagnosis, conclusion,
judgment, test result, report, or summary concerning the nature, causation, and
aggravation of petitioner’s injury or illness that is contained in a medical record.
Vaccine Act § 13(b)(1). “Medical records, in general, warrant consideration as
trustworthy evidence. The records contain information supplied to or by health
professionals to facilitate diagnosis and treatment of medical conditions. With proper
treatment hanging in the balance, accuracy has an extra premium. These records are
also generally contemporaneous to the medical events.” Curcuras v. Sec’y of Health &
Human Servs., 993 F.2d 1525, 1528 (Fed. Cir. 1993).
IV. Finding of Fact
The undersigned makes the finding after a complete review of the record to
include all medical records, affidavits, testimony, expert reports, respondent’s Rule 4
report, and additional evidence filed. Specifically, the undersigned bases the finding on
the following evidence:
• On October 6, 2016, petitioner received an influenza vaccination in his left
deltoid, at Federal Occupational Health in Washington, DC. Petitioner’s
Exhibit (“Ex.”) 1 at 1.
• Petitioner recalls pain in his left shoulder immediately upon receiving the
vaccination, and states that the following day his “left shoulder felt worse and
throughout the day continued to get worse.” Ex. 7 at 1.
• On October 24, 2016, petitioner went to his primary care physician’s office
(“PCP”) and was seen by Jessica Martin, N.P., at his with complaints of left
deltoid pain following the influenza vaccination. Ex. 2 at 5. (“complained of
left deltoid pain after taking flu shot last Oct 6”). Petitioner complained of
popping sensations and weakness with raising his left arm. Id. Petitioner had
been “dealing” with the pain, which was aching and weak. Id. Nurse
Practitioner Martin diagnosed petitioner with left shoulder bursitis and ordered
an MRI. Id.
• On November 1, 2016, petitioner was seen by board certified radiologist, Uma
J. Thakur, M.D., for MRI imaging of his left shoulder. Ex. 2 at 10. Dr. Thakur
noted petitioner’s history as “29-year-old man with left shoulder pain and loss
of range of motion for one month following flu shot, pain with abduction in all
directions.” Id. Petitioner’s MRI report states, “trace fluid at the
myotendinous junction of the teres minor muscle extending to the attachment
site on the humeral head where there are small subcortical cysts.” Id.
3

Case 1:17-vv-01529-UNJ Document 52 Filed 11/04/19 Page 4 of 4
• On November 21, 2016, Christopher Koth, P.T., evaluated petitioner’s left
shoulder pain. Ex. 5 at 2. Physical Therapist Koth noted petitioner’s history
as “Pt got a flu shot on 10/6/16 and afterwards had left shoulder soreness
that then turned just to pain.” Id.
• On December 19, 2016, petitioner returned to his PCP and again was
evaluated by Nurse Practitioner Martin. Ex. 2 at 6. Nurse Practitioner Martin
noted petitioner’s continued shoulder pain since receiving a flu shot and that
petitioner had been attending physical therapy for 6-7 sessions without
improvement and was experiencing a decreased range of motion. Id. Nurse
Practitioner Martin referred Petitioner to an orthopedic physician. Id.
• On January 4, 2017, petitioner was seen by board certified orthopedic
surgeon, Professor Robert J. Neviaser, M.D., of the George Washington
University School of Medicine for evaluation of his left shoulder pain. Ex. 3 at
2. Dr. Neviaser noted petitioner’s history as “[f]ollowing a [] on October 6,
2016, within a couple of days, he had severe pain in his left shoulder.” Id.
Neviaser also noted that “other than the flu shot, he recalls nothing that might
have caused this” when discussing petitioner’s shoulder pain. Id. Dr.
Neviaser administered a subacromial injection. Id.
• On January 26, 2017, petitioner submitted a Vaccine Adverse Event Report
indicating the onset of his left shoulder pain as October 6, 2016, the day he
received the flu vaccination. Ex. 19 at 2.
• Petitioner’s wife, mother, and sister all saw him on the day of his October 6,
2016 flu vaccination and recall him mentioning having left shoulder pain. Exs.
16-18.
The above medical entries are consistent with petitioner’s affidavit testimony that
his left shoulder pain began at the time he received the flu vaccine on October 6, 2016.
The undersigned finds the sworn testimony of petitioner’s witnesses to be credible and
in agreement with the contemporaneously created treatment records. As such, the
undersigned finds preponderant evidence that the onset of petitioner’s left shoulder
injury occurred within 48 hours of his October 6, 2016 flu vaccination.
V. Scheduling Order
Respondent shall file a Rule 4(c) report by Wednesday, September 25, 2019.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01529-1
Date issued/filed: 2020-01-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/22/2019) regarding 54 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:17-vv-01529-UNJ Document 58 Filed 01/03/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1529V
UNPUBLISHED
RYAN THOMPSON, Chief Special Master Corcoran
Petitioner, Filed: November 22, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Uncontested;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On October 16, 2017, Ryan Thompson 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 the influenza vaccine on October 6, 2016.
Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 18, 2018, Respondent filed a status report stating that “[m]edical
personnel have reviewed the records filed in this case and have recommended that the
parties explore informal settlement.” ECF 23. After attempting informal resolution for
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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-01529-UNJ Document 58 Filed 01/03/20 Page 2 of 2
almost one year, Petitioner filed a status report stating that “Petitioner is under the belief
that Respondent has a fact issue in this case with regard to onset of symptoms.” ECF
42. After allowing the parties to file any additional evidence or memoranda relevant to
onset, former Chief Special Master Dorsey issued a ruling “find[ing] the onset of
petitioner’s shoulder injury related to vaccine administration (“SIRVA”) occurred within
48 hours of vaccination. ECF 46. Special Master Dorsey also ordered Respondent to
file a Rule 4(c) report. Id.
On November 12, 2019, Respondent filed his amended Rule 4(c) report in which
he states that he does not contest that Petitioner is entitled to compensation in this
case. Respondent’s Rule 4(c) Report at 3. Specifically, Respondent states that “[i]n light
of the Court’s fact ruling, and medical evidence submitted in this case, DICP has
concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table. Id.
Respondent further states, “based on the record as it now stands and subject to his
right to appeal the Findings of Fact, respondent does not dispute that petitioner has
satisfied all legal prerequisites for compensation under the Act.” Id. at 4.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 3: USCOURTS-cofc-1_17-vv-01529-2
Date issued/filed: 2020-04-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/05/2020) regarding 63 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-01529-UNJ Document 64 Filed 04/06/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1529V
UNPUBLISHED
RYAN THOMPSON, Chief Special Master Corcoran
Petitioner, Filed: March 5, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On October 16, 2017, Ryan Thompson 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 the influenza vaccine on October 6, 2016.
Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 22, 2019, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. On March 3, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded
$111,380.61, representing “$110,000.00 for past and future pain and suffering, and
$1,380.61 in unreimbursed medical expenses.” Proffer at 1. In the Proffer, Respondent
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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-01529-UNJ Document 64 Filed 04/06/20 Page 2 of 4
represented that Petitioner agrees with the proffered award. Id. Based on the record as
a whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $111,380.61, representing compensation in the amounts of
$110,000.00 for his actual and projected pain and suffering and $1,380.61 for his
unreimbursable expenses in the form of a check payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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-01529-UNJ Document 64 Filed 04/06/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RYAN THOMPSON,
Petitioner,
v. No. 17-1529V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 12, 2019, respondent filed his Rule 4(c) Report, in which he conceded
entitlement. On November 22, 2019, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation for his Shoulder Injury Related to Vaccine Administration
(“SIRVA”). Respondent now proffers that petitioner receive an award of a lump sum of
$111,380.61 in the form of a check payable to petitioner. The award is comprised of the
following: $110,000.00 for past and future pain and suffering, and $1,380.61 in unreimbursed
medical expenses. This amount represents compensation for all elements of compensation under
42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 Petitioner agrees. This proffer does not
address final attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable
attorneys’ fees and litigation costs, to be determined at a later date upon petitioner submitting
substantiating documentation.
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.

Case 1:17-vv-01529-UNJ Document 64 Filed 04/06/20 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
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) 616-4098
Dated: March 3, 2020
2