VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00085
Package ID: USCOURTS-cofc-1_18-vv-00085
Petitioner: Robert Cramer
Filed: 2018-01-17
Decided: 2019-05-29
Vaccine: influenza
Vaccination date: 2016-10-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 130377

AI-assisted case summary:
Robert Cramer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 31, 2016. The respondent, the Secretary of Health and Human Services, conceded that Mr. Cramer was entitled to compensation. The respondent's Rule 4(c) report confirmed that Mr. Cramer's medical course was consistent with SIRVA as defined on the Vaccine Injury Table. Specifically, the respondent agreed that Mr. Cramer had no prior shoulder issues, his pain occurred within 48 hours after the vaccination, the pain was limited to the injection site, and no other condition explained his pain. The respondent also agreed that Mr. Cramer suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Mr. Cramer entitled to compensation. Subsequently, the parties filed a proffer on the award of compensation. The respondent recommended, and Mr. Cramer agreed, that he should be awarded $130,377.76, comprising $130,000.00 for pain and suffering and $377.76 for unreimbursable out-of-pocket expenses. The court adopted this proffer, awarding Mr. Cramer the lump sum payment.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00085-0
Date issued/filed: 2019-01-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/29/2018) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00085-UNJ Document 25 Filed 01/15/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0085V
Filed: November 29, 2018
UNPUBLISHED
ROBERT CRAMER,
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.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 17, 2018, 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”) as a result of an influenza vaccine that was administered on
October 31, 2016. Petition at 1-4. 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 1:18-vv-00085-UNJ Document 25 Filed 01/15/19 Page 2 of 2
On November 29, 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, “petitioner’s medical course is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined
on the Vaccine Injury Table Id. at 5. Respondent agrees that petitioner had no recent
history of pain, inflammation, or dysfunction of his left shoulder; pain occurred within 48
hours after receipt of an intramuscular vaccination; pain was limited to the shoulder
where the vaccine was administered; and no other condition or abnormality has been
identified to explain petitioner’s shoulder pain. Id. Respondent further agrees that
petitioner suffered the residual effects of his condition for more than six months and
“has satisfied all legal prerequisites for compensation under the 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-00085-1
Date issued/filed: 2019-05-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/28/2019) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00085-UNJ Document 38 Filed 05/29/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0085V
Filed: March 28, 2019
UNPUBLISHED
ROBERT CRAMER,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 17, 2018, 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”) as a result of an influenza vaccine that was administered on
October 31, 2016. Petition at 1-4. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On November 29, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for his SIRVA. On March 27, 2019, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
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 1:18-vv-00085-UNJ Document 38 Filed 05/29/19 Page 2 of 4
$130,377.76 (representing $130,000.00 for pain and suffering and $377.76 for
unreimbursable out of pocket expenses). Proffer at 1. In the Proffer, respondent
represented that petitioner agrees 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 $130,377.76 (representing $130,000.00 for pain
and suffering and $377.76 for unreimbursable out of pocket expenses) in the form
of a check payable to petitioner, Robert Cramer. 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 1:18-vv-00085-UNJ Document 38 Filed 05/29/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ROBERT CRAMER,
Petitioner,
No. 18-85V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On November 29, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. The Chief Special Master’s Ruling on Entitlement, adopting respondent’s
recommendation, was issued the same day, on November 29, 2018.
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$130,377.76. This is comprised of pain and suffering ($130,000.00) and unreimbursable out of
pocket expenses ($377.76), and represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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 medical
expenses and future pain and suffering.
1

Case 1:18-vv-00085-UNJ Document 38 Filed 05/29/19 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $130,377.76 in the form of a check payable to petitioner.2
Petitioner agrees.
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/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: March 27, 2019
2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2