VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00771
Package ID: USCOURTS-cofc-1_18-vv-00771
Petitioner: Henry Milligan, Jr.
Filed: 2018-05-31
Decided: 2019-10-22
Vaccine: Tdap
Vaccination date: 2016-08-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Henry Milligan, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on May 31, 2018. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on August 31, 2016. The case was assigned to the Special Processing Unit. On June 11, 2019, the respondent filed a Rule 4(c) Report conceding that the petitioner's alleged injury was consistent with SIRVA caused by the Tdap vaccination and that no other cause was identified. The respondent also noted that the medical records demonstrated that Mr. Milligan suffered residual effects of his condition for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 12, 2019, finding Mr. Milligan entitled to compensation. Subsequently, on July 29, 2019, the respondent filed a Proffer on Award of Damages, indicating that Mr. Milligan should be awarded $90,000.00, which represented all elements of compensation to which he would be entitled under 42 U.S.C. § 300aa-15(a). The petitioner agreed with this proffered award. On October 22, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Mr. Milligan a lump sum payment of $90,000.00, payable by check to Henry Milligan, Jr. Petitioner counsel was Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice.

Theory of causation field:
Petitioner Henry Milligan, Jr. alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on August 31, 2016. The respondent conceded entitlement, stating the injury was consistent with SIRVA caused by the Tdap vaccination and no other cause was identified. Medical records showed residual effects for over six months. The case was conceded as a Table injury. Chief Special Master Nora Beth Dorsey ruled on entitlement on June 12, 2019. A subsequent decision on October 22, 2019, awarded $90,000.00 as a lump sum payment for all elements of compensation, as agreed upon in a proffer filed by respondent counsel Jennifer Leigh Reynaud, with petitioner counsel Jeffrey S. Pop. The public decision does not describe the specific mechanism of injury or name any medical experts.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00771-0
Date issued/filed: 2019-08-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2019) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00771-UNJ Document 39 Filed 08/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-771V
Filed: June 12, 2019
UNPUBLISHED
HENRY MILLIGAN, JR.,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 31, 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 the adverse effects of the tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine administered on August 31, 2016. Petition at 1.
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-00771-UNJ Document 39 Filed 08/29/19 Page 2 of 2
On June 11, 2019, 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 notes that “petitioner’s alleged injury is consistent with
SIRVA that was caused by the administration of petitioner’s Tdap vaccination.”3 Id. at 3.
Respondent further notes that respondent “did not identify any other cause for
petitioner’s shoulder injury” and that the medical records “demonstrate that [petitioner]
suffered the residual effects of his condition for more than six months.” Id. at 3-4.
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
3 The OSM staff attorney managing this case e-mailed respondent’s counsel on June 11, 2019 to inquire
whether this case was being conceded as a Table or Non-Table case. In a reply e-mail dated June 11,
2019, respondent’s counsel confirmed that this case was being conceded as a Table case.

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_18-vv-00771-1
Date issued/filed: 2019-10-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/29/2019) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00771-UNJ Document 42 Filed 10/22/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-771V
Filed: July 29, 2019
UNPUBLISHED
HENRY MILLIGAN, JR.,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Tetanus Diphtheria acellular
SECRETARY OF HEALTH AND
Pertussis (Tdap) Vaccine; Shoulder
HUMAN SERVICES,
Injury Related to Vaccine
Administration (SIRVA)
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 31, 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 the adverse effects of the tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine administered on August 31, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 12, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his SIRVA. On July 29, 2019, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $90,000.00. Proffer
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-00771-UNJ Document 42 Filed 10/22/19 Page 2 of 4
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
award. Id. at 1-2. 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 $90,000.00 in the form of a check payable to
petitioner, Henry Milligan, Jr. 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-00771-UNJ Document 42 Filed 10/22/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
HENRY MILLIGAN, JR.,
Petitioner, No. 18-771V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On May 31, 2018, Henry Milligan, Jr. (“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”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on June 11, 2019. Based on Respondent’s Rule 4(c)
Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$90,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $90,000.00, in the form of a check made payable to petitioner. 1
This lump sum payment represents all elements of compensation to which petitioner would be
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.
1

Case 1:18-vv-00771-UNJ Document 42 Filed 10/22/19 Page 4 of 4
entitled under 42 U.S.C. § 300aa-15(a). 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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: July 29, 2019
2