VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01613
Package ID: USCOURTS-cofc-1_17-vv-01613
Petitioner: Richard Denham
Filed: 2017-10-26
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2016-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 86924

AI-assisted case summary:
Richard Denham 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 an influenza vaccine on September 28, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Denham was entitled to compensation. The respondent specifically concluded that Mr. Denham suffered a Table injury of SIRVA and agreed that compensation was appropriate, as all legal prerequisites had been satisfied. Subsequently, the respondent filed a proffer on award of damages, proposing an award of $86,924.79, which included $85,000.00 for pain and suffering and $1,924.79 for past unreimbursed expenses. Mr. Denham agreed with this proffered award. Based on the record and the respondent's concession, the Chief Special Master found Mr. Denham entitled to compensation and awarded the proffered lump sum amount. The case was resolved by stipulation on the issue of entitlement and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01613-0
Date issued/filed: 2018-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/16/2018) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01613-UNJ Document 32 Filed 10/17/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1613V
Filed: July 16, 2018
UNPUBLISHED
RICHARD DENHAM,
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 and Toale, PA, Washington, DC, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 26, 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 28, 2016.
Petition at 1. Petitioner further alleges that he received the vaccination in the United
States and suffered from vaccine-related injuries for more than six months. Id. at ¶¶ 1,
14. The Petitioner also alleges that neither he nor any other party has ever brought an
action or received compensation in the form of an award of settlement for his vaccine-
related injuries. Id. at ¶ 17-18. 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-01613-UNJ Document 32 Filed 10/17/18 Page 2 of 2
On July 16, 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 suffered a Table injury of SIRVA.” Id.
at 4. Respondent further agrees that “compensation is appropriate, as petitioner has
satisfied all legal prerequisites for compensation under the Act.” Id. at 5.
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-01613-1
Date issued/filed: 2018-10-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/29/2018) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01613-UNJ Document 33 Filed 10/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1613V
Filed: August 29, 2018
UNPUBLISHED
RICHARD DENHAM,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Voris Edward Jackson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 26, 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 28, 2016.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 16, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On August 29, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $86,924.79, which
consists of $85,000.00 for pain and suffering and $1,924.79 for past unreimbursed
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-01613-UNJ Document 33 Filed 10/23/18 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 $86,924.79, consisting of $85,000.00 for pain
and suffering and $1,924.79 for past unreimbursed expenses in the form of a
check payable to petitioner, Richard Denham. This amount represents
compensation for all damages that would be available.
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-01613-UNJ Document 33 Filed 10/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
RICHARD DENHAM, )
)
Petitioner, )
) No. 17-1613V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On July 16, 2018, respondent, the Secretary of Health and Human Services, filed his Rule
4(c) Report conceding entitlement to compensation in this matter. The same day, the Court
entered its Ruling on Entitlement, finding petitioner Richard Denham entitled to Vaccine Act
compensation. Respondent now proffers that petitioner receive a compensation award consisting
of a lump sum of $86,924.79 in the form of a check payable to petitioner, Richard Denham.1
This amount consists of $85,000.00 for pain and suffering and $1,924.79 for past unreimbursed
expenses, and represents compensation for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $86,924.79.3
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:17-vv-01613-UNJ Document 33 Filed 10/23/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting 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/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Dated: August 29, 2018
2