VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01689
Package ID: USCOURTS-cofc-1_18-vv-01689
Petitioner: Anthony Partee
Filed: 2018-11-01
Decided: 2021-02-23
Vaccine: influenza
Vaccination date: 2017-10-25
Condition: Shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 87500

AI-assisted case summary:
Anthony Partee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 25, 2017. The respondent conceded that Mr. Partee was entitled to compensation, agreeing that his medical course was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Mr. Partee had no pre-vaccination history of shoulder pain or dysfunction, that the pain occurred within 48 hours after the vaccination, and that the pain and reduced range of motion were limited to the shoulder in which the vaccine was administered. The respondent also agreed that Mr. Partee suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on September 23, 2020, finding Mr. Partee entitled to compensation. Subsequently, on December 30, 2020, the respondent filed a proffer on award of compensation, recommending an award of $87,500.00 for pain and suffering, which Mr. Partee agreed to. On February 23, 2021, the court issued a decision awarding Mr. Partee a lump sum payment of $87,500.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01689-0
Date issued/filed: 2020-10-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/23/2020) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01689-UNJ Document 33 Filed 10/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1689V
UNPUBLISHED
ANTHONY PARTEE, Chief Special Master Corcoran
Petitioner, Filed: September 23, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jerome A. Konkel, Samster, Konkel & Safran, S.C., for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On November 1, 2018, Anthony Partee 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 shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on October 25,
2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 22, 2020, 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 agrees that “petitioner’s medical course is
consistent with SIRVA as defined by the Vaccine Injury Table and corresponding
1 Because this unpublished ruling 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 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, 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-01689-UNJ Document 33 Filed 10/27/20 Page 2 of 2
Qualifications and Aids to Interpretation. Specifically, petitioner had no pre-vaccination
history of pain, inflammation, or dysfunction of his left shoulder, pain occurred within 48
hours after receipt of an intramuscular vaccination; pain and reduced range of motion
were limited to the shoulder in which the vaccine was administered; and, no other
condition or abnormality, such as brachial neuritis, has been identified to explain
petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that “based on the medical
records . . . petitioner suffered the residual effects of his condition for more than six
months. Therefore, based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01689-1
Date issued/filed: 2021-02-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/04/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01689-UNJ Document 41 Filed 02/23/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1689V
UNPUBLISHED
ANTHONY PARTEE, Chief Special Master Corcoran
Petitioner, Filed: January 4, 2021
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)
Jerome A. Konkel, Samster, Konkel & Safran, S.C., Milwaukee, WI, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On November 1, 2018, Anthony Partee 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 shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on October 25,
2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On September 23, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 30, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $87,500.00
for pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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-01689-UNJ Document 41 Filed 02/23/21 Page 2 of 4
agrees with the proffered 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 $87,500.00 (for pain and suffering) 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-01689-UNJ Document 41 Filed 02/23/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ANTHONY PARTEE,
Petitioner,
v. No. 18-1689V
Chief Special Master Corcoran (SPU)
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 22, 2020, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for a Table injury of Shoulder Injury Related to Vaccine
Administration suffered following receipt of an influenza vaccination on October 25, 2017. ECF
No. 29. A Ruling on Entitlement was issued the next day, September 23, 2020. ECF No. 30.
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$87,500.00 for pain and suffering. This award represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $87,500.00 in the form of a check payable to petitioner.2
Petitioner agrees.
1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
1

Case 1:18-vv-01689-UNJ Document 41 Filed 02/23/21 Page 4 of 4
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
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: December 30, 2020
2