VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01354
Package ID: USCOURTS-cofc-1_18-vv-01354
Petitioner: Charles Sheppard
Filed: 2018-09-05
Decided: 2020-10-13
Vaccine: influenza
Vaccination date: 2017-11-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Charles Sheppard filed a petition for compensation on September 5, 2018, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 27, 2017. The respondent, the Secretary of Health and Human Services, filed a report on July 15, 2019, concluding that Mr. Sheppard suffered a SIRVA within the Table timeframe following the influenza vaccination and conceding entitlement to compensation. On July 16, 2019, the Chief Special Master issued a ruling on entitlement finding Mr. Sheppard entitled to compensation. On September 8, 2020, the respondent filed a proffer on award of compensation, agreeing to an award of $60,000.00, which Mr. Sheppard accepted. The decision, dated October 13, 2020, and issued by Chief Special Master Brian H. Corcoran, awarded Mr. Sheppard a lump sum payment of $60,000.00, representing compensation for all damages available under the Vaccine Act. Mr. Sheppard is a competent adult. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Joseph Michael Russell of Von Briesen & Roper, S.C., and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Charles Sheppard alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 27, 2017. The respondent conceded entitlement, finding the injury to be a "Table injury" within the timeframe. The Special Master's ruling on entitlement was issued on July 16, 2019. A proffer on award of compensation was filed by the respondent on September 8, 2020, agreeing to a $60,000.00 lump sum payment, which petitioner accepted. Chief Special Master Brian H. Corcoran issued the decision on October 13, 2020, awarding the $60,000.00. The public decision does not detail the specific mechanism of injury or name any medical experts. Petitioner was represented by Joseph Michael Russell, and respondent by Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01354-0
Date issued/filed: 2020-10-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/10/2020) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01354-UNJ Document 42 Filed 10/13/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1354V
UNPUBLISHED
CHARLES SHEPPARD, Chief Special Master Corcoran
Petitioner, Filed: September 10, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Joseph Michael Russell, Von Briesen & Roper, S.C., Milwaukee, WI, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 5, 2018, Charles Sheppard 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 (“flu”) vaccine administered on
November 27, 2017. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On July 16, 2019, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On September 8, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $60,000.00. Proffer
at 1. In the Proffer, Respondent represented that Petitioner agrees with the proffered
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I 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 1:18-vv-01354-UNJ Document 42 Filed 10/13/20 Page 2 of 4
award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as
stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $60,000.00 in the form of a check payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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-01354-UNJ Document 42 Filed 10/13/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHARLES SHEPPARD, )
)
Petitioner, )
)
v. ) No. 18-1354V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 15, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered a Shoulder Injury Related to Vaccine Administration within the Table timeframe
following an influenza vaccination, and conceding petitioner’s entitlement to compensation
under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10
to -34. Accordingly, on July 16, 2019, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $60,000.00, which amount
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 $60,000.00 in the form of a check payable to petitioner.1 This
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, future pain and suffering, and future lost wages.

Case 1:18-vv-01354-UNJ Document 42 Filed 10/13/20 Page 4 of 4
lump sum payment represents all elements of compensation to which petitioner would be 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,
JEFFREY BOSSERT CLARK
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/ LARA A. ENGLUND
LARA A. ENGLUND
Senior 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) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: September 8, 2020
2