VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00534
Package ID: USCOURTS-cofc-1_19-vv-00534
Petitioner: Jesse Lloyd
Filed: 2020-09-03
Decided: 2021-03-01
Vaccine: influenza
Vaccination date: 2017-11-09
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Jesse Lloyd filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) due to an influenza vaccine he received on November 9, 2017. The respondent conceded that Mr. Lloyd is entitled to compensation, agreeing that he suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table. The respondent noted that Mr. Lloyd had no recent history of shoulder pain, the onset of pain occurred within 48 hours after the vaccination, the pain was limited to the injection site, and no other condition explained the symptoms. The respondent further agreed that Mr. Lloyd suffered residual effects for more than six months, satisfying the legal prerequisites for compensation. A ruling on entitlement was issued on September 3, 2020, finding Mr. Lloyd entitled to compensation. Subsequently, on January 13, 2021, the respondent filed a proffer on award of compensation, recommending $85,000.00 for pain and suffering, which Mr. Lloyd agreed to. The Chief Special Master issued a decision awarding Mr. Lloyd a lump sum payment of $85,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00534-0
Date issued/filed: 2020-10-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/03/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00534-UNJ Document 27 Filed 10/05/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0534V
UNPUBLISHED
JESSE LLOYD, Chief Special Master Corcoran
Petitioner, Filed: September 3, 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.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 11, 2019, Jesse Lloyd 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 related to vaccine
administration (“SIRVA”) due to an influenza (“flu”) vaccine administered to him on
November 9, 2017. Petition at ¶¶ 1-19. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 3, 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 “DICP has concluded that petitioner suffered a
SIRVA of the left shoulder as defined by the Vaccine Injury Table. Specifically, petitioner
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-00534-UNJ Document 27 Filed 10/05/20 Page 2 of 2
had no recent history of pain, inflammation, or dysfunction of his left shoulder; the onset
of pain occurred within 48 hours after receipt of an intramuscular vaccination; the pain
was limited to the shoulder where the vaccine was administered; and, no other condition
or abnormality, such as brachial neuritis, has been identified to explain petitioner’s left
shoulder symptoms.” Id. at 6-7. Respondent further agrees that Petitioner suffered the
residual effects of his condition for more than six months and has therefore satisfied all
legal prerequisites for compensation under the Vaccine 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_19-vv-00534-1
Date issued/filed: 2021-03-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/13/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00534-UNJ Document 37 Filed 03/01/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0534V
UNPUBLISHED
JESSE LLOYD, Chief Special Master Corcoran
Petitioner, Filed: January 13, 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.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 11, 2019, Jesse Lloyd 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 related to vaccine
administration (“SIRVA”) due to an influenza (“flu”) vaccine administered to him on
November 9, 2017. Petition at ¶¶1-19. Petitioner further alleges that he suffered this 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 3, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On January 13, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $85,000.00.
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-00534-UNJ Document 37 Filed 03/01/21 Page 2 of 5
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 $85,000.00, (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 1:19-vv-00534-UNJ Document 37 Filed 03/01/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JESSE LLOYD, )
)
Petitioner, )
) No. 19-534V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 11, 2019, Jesse Lloyd (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“Act”), alleging that he suffered a Shoulder Injury Related to Vaccine Administration
(“SIRVA”), as defined in the Vaccine Injury Table, following administration of an influenza
vaccine he received on November 9, 2017. Petition at 3, 6. On September 3, 2020, the Secretary
of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is
appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on the
same date, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 24; ECF No. 25.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $85,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:19-vv-00534-UNJ Document 37 Filed 03/01/21 Page 4 of 5
This amount represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
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 as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $85,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Jesse Lloyd: $85,000.00
Respectfully submitted,
JEFFREY BOSSERT CLARK
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
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 lost earnings
and future pain and suffering.
2

Case 1:19-vv-00534-UNJ Document 37 Filed 03/01/21 Page 5 of 5
/s/ Mollie D. Gorney
MOLLIE D. GORNEY
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) 616-4029
DATED: January 13, 2021
3