VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01265
Package ID: USCOURTS-cofc-1_19-vv-01265
Petitioner: Michael Vang
Filed: 2021-02-25
Decided: 2021-05-11
Vaccine: influenza
Vaccination date: 2017-12-07
Condition: left arm pain, adhesive capsulitis, and disability which satisfies the Table definition for a shoulder injury related to vaccine administration (“SIRVA”)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Michael Vang filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered left arm pain, adhesive capsulitis, and disability satisfying the Table definition for a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 7, 2017. The respondent conceded that compensation was appropriate, agreeing that Mr. Vang met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. Based on this concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Mr. Vang entitled to compensation. Subsequently, the parties filed a proffer on award of compensation. The respondent recommended an award of $65,000.00, representing all elements of compensation available under the Act, and Mr. Vang agreed with this proffered award. The court awarded Mr. Vang a lump sum payment of $65,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01265-0
Date issued/filed: 2021-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/25/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01265-UNJ Document 25 Filed 03/30/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1265V
UNPUBLISHED
MICHAEL VANG, Chief Special Master Corcoran
Petitioner, Filed: February 25, 2021
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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On August 23, 2019, Michael Vang 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 left arm pain, adhesive capsulitis, and
disability which satisfies the Table definition for a shoulder injury related to vaccine
administration (“SIRVA”) or, in the alternative was caused-in-fact by the influenza vaccine
he received on December 7, 2017. Petition at 1, ¶¶ 2, 13-14. Petitioner further alleges
that he received the vaccination in the United States, continues to suffer the residual
effects of his SIRVA more than six months later, and that he has not filed a civil action or
received an award or settlement for his SIRVA, alleged as vaccine-caused. Id. at ¶¶ 2,
15-16. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-01265-UNJ Document 25 Filed 03/30/21 Page 2 of 2
On February 25, 2021, 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 “has concluded that compensation is appropriate because
[P]etitioner meets the criteria for a presumed SIRVA, as defined by the Vaccine Injury
Table.” Id. at 5. Respondent further agrees that “based on the current records, [P]etitioner
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_19-vv-01265-1
Date issued/filed: 2021-05-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/09/2021) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01265-UNJ Document 32 Filed 05/11/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1265V
UNPUBLISHED
MICHAEL VANG, Chief Special Master Corcoran
Petitioner, Filed: April 9, 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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On August 23, 2019, Michael Vang 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 left arm pain, adhesive capsulitis, and
disability which satisfies the Table definition for a shoulder injury related to vaccine
administration (“SIRVA”) or, in the alternative was caused-in-fact by the influenza vaccine
he received on December 7, 2017. Petition at 1, ¶¶ 2, 13-14. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On February 25, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On April 9, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $65,000.00.
Proffer at 1. The Proffer does not indicate the exact types of compensation comprising
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-01265-UNJ Document 32 Filed 05/11/21 Page 2 of 4
this award. In the Proffer, Respondent represented that Petitioner 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 $65,000.00 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-01265-UNJ Document 32 Filed 05/11/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAEL VANG,
)
)
Petitioner,
) No. 19-1265V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On February 25, 2021, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. The Chief Special Master issued a Ruling on
Entitlement later that day, finding that petitioner was entitled to vaccine compensation for his
left-sided shoulder injury related to vaccine administration (“SIRVA”). Based upon the evidence
of record, respondent proffers that petitioner should be awarded $65,000.00. This 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
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $65,000.00, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case
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.

Case 1:19-vv-01265-UNJ Document 32 Filed 05/11/21 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 353-1589
E-mail: Traci.Patton@usdoj.gov
Dated: April 9, 2021
2