VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00009
Package ID: USCOURTS-cofc-1_19-vv-00009
Petitioner: Branden Richter
Filed: 2019-01-02
Decided: 2021-04-19
Vaccine: influenza
Vaccination date: 2017-10-25
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Branden Richter filed a petition for compensation on January 2, 2019, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 25, 2017. The respondent conceded that Mr. Richter is entitled to compensation, stating he had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and the pain was limited to the injected shoulder. The respondent also agreed that Mr. Richter met the statutory severity requirement of suffering residual effects for more than six months. A ruling on entitlement was issued on September 22, 2020, finding Mr. Richter entitled to compensation. Subsequently, on April 19, 2021, a decision awarding damages was issued. The parties agreed to a total award of $70,000.00, representing compensation for all eligible damages, to be paid as a lump sum to Mr. Richter, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00009-0
Date issued/filed: 2020-10-26
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/22/2020) regarding 34 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00009-UNJ Document 38 Filed 10/26/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0009V
UNPUBLISHED
BRANDEN RICHTER, Chief Special Master Corcoran
Petitioner, Filed: September 22, 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., Milwaukee, WI, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 2, 2019, Branden Richter 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 related to
vaccine administration (“SIRVA”) following his receipt of an influenza (“flu”) vaccination
on October 25, 2017. Petition at 6. 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 states that Petitioner “had no history of pain,
inflammation or dysfunction of the affected shoulder prior to intramuscular vaccine
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 1:19-vv-00009-UNJ Document 38 Filed 10/26/20 Page 2 of 2
administration that would explain the alleged signs, symptoms, examination findings,
and/or diagnostic studies occurring after vaccine injection; he suffered the onset of pain
within forty-eight hours of vaccine administration; his pain and reduced range of motion
were limited to the shoulder in which the intramuscular vaccine was administered; and
there is no other condition or abnormality present that would explain petitioner’s
symptoms.” Id. at 4-5. Respondent further agrees that Petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of the injury for
more than six months after vaccine administration. Id. at 5.
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_19-vv-00009-1
Date issued/filed: 2021-04-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/18/2021) regarding 42 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00009-UNJ Document 46 Filed 04/19/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0009V
UNPUBLISHED
BRANDEN RICHTER, Chief Special Master Corcoran
Petitioner, Filed: March 18, 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.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 2, 2019, Branden Richter 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 related to
vaccine administration (“SIRVA”) following his receipt of an influenza (“flu”) vaccination
on October 25, 2017. Petition at 6. Petitioner further alleges that he experienced the
symptoms of his vaccine related injury for more than six months. Petition at 6. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On September 22, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On March 18, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $70,000.00.
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
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 1:19-vv-00009-UNJ Document 46 Filed 04/19/21 Page 2 of 4
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 $70,000.00, 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 1:19-vv-00009-UNJ Document 46 Filed 04/19/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
BRANDEN RICHTER, )
)
Petitioner, )
) No. 19-09V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
PROFFER ON AWARD OF COMPENSATION
On September 22, 2020, respondent filed a Rule 4(c) Report, in which he conceded that
petitioner sustained a Table left shoulder injury related to vaccine administration (SIRVA) from
the flu vaccine administered on October 25, 2017; that the records show that the case was timely
filed; that the vaccine was received in the United States; and that petitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of his injury for more than
six months after vaccine administration. ECF No. 33. That same day, the Court issued a Ruling
on Entitlement, finding that petitioner is entitled to compensation. ECF No. 34.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$70,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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.

Case 1:19-vv-00009-UNJ Document 46 Filed 04/19/21 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $70,000.00, in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
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) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: March 18, 2021