VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01278
Package ID: USCOURTS-cofc-1_18-vv-01278
Petitioner: Brian Gribbin
Filed: 2018-08-23
Decided: 2019-09-12
Vaccine: influenza
Vaccination date: 2017-10-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 106788

AI-assisted case summary:
Brian Gribbin filed a petition for compensation under the National Vaccine Injury Compensation Program on August 23, 2018. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 27, 2017. The petition stated that Mr. Gribbin suffered residual effects of the injury for more than six months and had not filed a civil action or received other compensation for the vaccine-caused injury. The case was assigned to the Special Processing Unit. On June 19, 2019, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent indicated that Mr. Gribbin met the criteria for SIRVA under the Vaccine Injury Table, with onset within 48 hours of vaccination and no apparent alternative cause. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 19, 2019, finding the petitioner entitled to compensation. Subsequently, on September 12, 2019, a decision awarding damages was issued. The parties had stipulated to an award of $106,788.94. This amount included $102,500.00 for pain and suffering, $500.00 for out-of-pocket medical expenses, and $3,788.94 for past lost wages. The award was to be paid as a lump sum check to Brian Gribbin. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Mollie Danielle Gorney of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Brian Gribbin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 27, 2017. The respondent conceded entitlement, stating that petitioner met the criteria for SIRVA under the Vaccine Injury Table, which presumes causation if SIRVA onset occurs within 48 hours of a seasonal flu vaccination and there is no apparent alternative cause. The respondent's Rule 4(c) Report and Proffer, filed June 19, 2019, indicated petitioner satisfied all legal prerequisites for compensation. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on June 19, 2019. A subsequent decision on September 12, 2019, awarded petitioner $106,788.94, representing $102,500.00 for pain and suffering, $500.00 for out-of-pocket medical expenses, and $3,788.94 for past lost wages. The public record does not detail the specific mechanism of injury, expert testimony, or alternative medical theories. Petitioner was represented by John Robert Howie, and respondent by Mollie Danielle Gorney.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01278-0
Date issued/filed: 2019-09-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/19/2019) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-01278-UNJ Document 30 Filed 09/11/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1278V
Filed: June 19, 2019
UNPUBLISHED
BRIAN GRIBBIN,
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.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 23, 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 the Table Injury of shoulder injury
related to vaccine administration (“SIRVA”) after receiving the influenza vaccination on
October 27, 2017. Petition at 1, ¶¶ 1, 19. Petitioner further alleges that he suffered the
residual effects of his injury for more than six months and that he has not filed a civil
action or received compensation for his injury, alleged as vaccine caused. Id. at ¶¶ 20-
21. 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.

Case 1:18-vv-01278-UNJ Document 30 Filed 09/11/19 Page 2 of 2
On June 19, 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
and Proffer at 1. Specifically, respondent indicates that “petitioner has satisfied the
criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to
Interpretation, which afford petitioners a presumption of causation if onset of SIRVA
occurs within forty-eight hours after receipt of a seasonal flu vaccination and there is no
apparent alternative cause.” Id. at 3-4. Respondent further indicates “based on the
case record as it now stands, 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, 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-01278-1
Date issued/filed: 2019-09-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/19/2019) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-01278-UNJ Document 31 Filed 09/12/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1278V
Filed: June 19, 2019
UNPUBLISHED
BRIAN GRIBBIN,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 23, 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 the Table Injury of shoulder injury
related to vaccine administration (“SIRVA”) after receiving the influenza vaccination on
October 27, 2017. Petition at 1, ¶¶ 1, 19. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 19, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for his SIRVA. On June 19, 2019, respondent filed a combined Rule 4
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.

Case 1:18-vv-01278-UNJ Document 31 Filed 09/12/19 Page 2 of 2
report and proffer on award of compensation (“Rule 4 Report and Proffer”)3 indicating
petitioner should be awarded $106,788.94, representing compensation in the amount of
$102,500.00 for pain and suffering, $500.00 for out-of-pocket medical expenses, and
$3,788.94 for past lost wages. Rule 4 Report and Proffer at 5. 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 Proffer, the undersigned awards petitioner
a lump sum payment of $106,788.94, representing compensation in the amount of
$102,500.00 for pain and suffering, $500.00 for unreimbursable expenses, and
$3,788.94 for actual lost wages in the form of a check payable to petitioner, Brian
Gribbin. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 The combined Rule 4 report and proffer contains information regarding petitioner’s personal medical
history which is not generally included in a proffer, when separately filed. Thus, the undersigned will not
attach the proffer to the decision in this case.
4 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