VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00867
Package ID: USCOURTS-cofc-1_18-vv-00867
Petitioner: Rhett Malpass
Filed: 2018-06-19
Decided: 2019-08-29
Vaccine: influenza
Vaccination date: 2016-11-02
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 88015

AI-assisted case summary:
Rhett Malpass filed a petition for compensation on June 19, 2018, alleging a left shoulder injury resulting from an influenza vaccine received on November 2, 2016. The case was assigned to the Special Processing Unit. The respondent conceded entitlement, stating the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that there was no evidence of an unrelated cause. The respondent also agreed that the injury caused sequelae for more than six months, meeting the statutory requirements for entitlement. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on May 14, 2019, finding Mr. Malpass entitled to compensation. Subsequently, on August 29, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding damages. Based on a proffer from the respondent, which indicated Mr. Malpass agreed with the proposed award, he was granted a lump sum payment of $88,015.15. Petitioner counsel was Scott William Rooney and respondent counsel was Althea Walker Davis. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Petitioner Rhett Malpass received an influenza vaccine on November 2, 2016, and subsequently alleged a left shoulder injury. The respondent conceded entitlement, agreeing the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that there was no evidence of an unrelated cause. The respondent further agreed that the injury caused sequelae for more than six months, meeting the statutory requirements for entitlement under the Vaccine Act. The case falls under the "Table" category for causation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 14, 2019, and a decision awarding damages on August 29, 2019. Petitioner was awarded a lump sum of $88,015.15. Petitioner counsel was Scott William Rooney, and respondent counsel was Althea Walker Davis. The public text does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the respondent's concession.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00867-0
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/14/2019) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00867-UNJ Document 35 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0867V
Filed: May 14, 2019
UNPUBLISHED
RHETT MALPASS,
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.
Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 19, 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 left shoulder injury as a result of an influenza
(“flu”) vaccine he received on November 2, 2016. Petition at 2-3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 14, 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 states that petitioner’s injury is consistent with a shoulder injury
related to vaccine administration (“SIRVA”) and that there is not a preponderance of the
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.

Case 1:18-vv-00867-UNJ Document 35 Filed 08/14/19 Page 2 of 2
medical evidence that petitioner’s SIRVA was due to a factor unrelated to the
vaccination Id. at 4. Respondent further agrees that petitioner suffered the sequela of
his injury for more than six months and that petitioner has met the statutory
requirements for entitlement to compensation. 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_18-vv-00867-1
Date issued/filed: 2019-08-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/14/2019) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00867-UNJ Document 37 Filed 08/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0867V
Filed: May 14, 2019
UNPUBLISHED
RHETT MALPASS,
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.
Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 19, 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 from a left shoulder injury as a result of an
influenza vaccine he received on November 2, 2016. Petition at 2-3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 14, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration (“SIRVA”). On May
14, 2019, respondent filed a Rule 4 report/proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $88,015.15. Proffer at 5. In the Rule 4/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-00867-UNJ Document 37 Filed 08/29/19 Page 2 of 2
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 Proffer, the undersigned awards petitioner
a lump sum payment of $$88,015.15 in the form of a check payable to petitioner,
Rhett Malpass. 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