VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01508
Package ID: USCOURTS-cofc-1_19-vv-01508
Petitioner: Brian Davis
Filed: 2019-09-30
Decided: 2021-02-08
Vaccine: Tdap
Vaccination date: 2018-07-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77500

AI-assisted case summary:
Brian Davis filed a petition for compensation under the National Vaccine Injury Compensation Program on September 30, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) following a tetanus-diphtheria-acellular pertussis (Tdap) vaccination received on July 27, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 16, 2020, conceding that Mr. Davis's alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim for SIRVA stemming from the Tdap vaccination. The respondent also agreed that Mr. Davis suffered the sequelae of this injury for more than six months. Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 16, 2020, finding Mr. Davis entitled to compensation. Subsequently, on December 22, 2020, the parties submitted a proffer on the award of compensation. The respondent proffered that Mr. Davis should be awarded a lump sum of $77,500.00 for pain and suffering damages, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). Mr. Davis agreed with this proffered award. Chief Special Master Corcoran issued a decision on February 8, 2021, awarding Mr. Davis a lump sum payment of $77,500.00, payable by check to Mr. Davis. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Darryl R. Wishard of the U.S. Department of Justice.

Theory of causation field:
Petitioner Brian Davis alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on July 27, 2018. Respondent conceded that the injury was consistent with SIRVA and met the requirements of a Table injury claim, and that the sequelae lasted for more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or medical evidence beyond the respondent's concession. Chief Special Master Brian H. Corcoran ruled on entitlement on December 16, 2020, finding Petitioner entitled to compensation. A subsequent decision on February 8, 2021, awarded Petitioner a lump sum of $77,500.00 for pain and suffering damages, based on a proffer agreed to by both parties. Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01508-0
Date issued/filed: 2021-02-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/16/2020) 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-01508-UNJ Document 30 Filed 02/05/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1508V
UNPUBLISHED
BRIAN DAVIS, Chief Special Master Corcoran
Petitioner, Filed: December 16, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On September 30, 2019, Brian Davis 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 a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination that he received on July 27, 2018. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On December 16, 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 he “has concluded that [P]etitioner’s
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-01508-UNJ Document 30 Filed 02/05/21 Page 2 of 2
alleged injury is consistent with SIRVA of the left arm and that it meets the requirements
of a Table injury claim for SIRVA stemming from the Tdap vaccination on July 27, 2018.”
Id. at 4. Respondent further agrees that Petitioner “suffered the sequela of this injury for
more than six months.” 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-01508-1
Date issued/filed: 2021-02-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/28/2020) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01508-UNJ Document 31 Filed 02/08/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1508V
UNPUBLISHED
BRIAN DAVIS, Chief Special Master Corcoran
Petitioner, Filed: December 28, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 30, 2019, Brian Davis 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 a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination that he received on July 27, 2018. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On December 16, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On December 22, 2020, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $77,500.00.
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-01508-UNJ Document 31 Filed 02/08/21 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 $77,500.00 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-01508-UNJ Document 31 Filed 02/08/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
BRIAN DAVIS, )
)
Petitioner, ) No. 19-1508V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 30, 2019, Brian Davis (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. Petitioner alleges that a tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccination that he received on July 27, 2018 in his left arm caused a shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1. On December 16, 2020, respondent filed his
Vaccine Rule 4(c) report, conceding a Table injury for SIRVA. On that same day, Chief Special
Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $77,500.00 for pain and suffering damages. This amount represents all elements
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:19-vv-01508-UNJ Document 31 Filed 02/08/21 Page 4 of 4
of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $77,500.00, in the form of a check payable to petitioner.2
Petitioner agrees.
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/Darryl R. Wishard
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: December 22, 2020 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2