VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01900
Package ID: USCOURTS-cofc-1_19-vv-01900
Petitioner: Victor Waggoner
Filed: 2019-12-16
Decided: 2021-09-02
Vaccine: influenza
Vaccination date: 2018-09-25
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 94592

AI-assisted case summary:
Victor Waggoner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on September 25, 2018. The respondent conceded that Mr. Waggoner met the criteria for a Table injury, including having no prior shoulder issues, experiencing pain and reduced range of motion within 48 hours of the vaccination, and having no other identified condition to explain his symptoms. The respondent also agreed that the six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence, the court found Mr. Waggoner entitled to compensation. Subsequently, the parties reached a stipulation for damages. The court awarded Mr. Waggoner a total of $94,592.09, comprising $92,500.00 for pain and suffering and $2,092.09 for past unreimbursable medical expenses and lost wages. This award was paid as a lump sum to Mr. Waggoner, 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-01900-0
Date issued/filed: 2021-06-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/29/2021) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01900-UNJ Document 24 Filed 06/04/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1900V
UNPUBLISHED
VICTOR WAGGONER, Chief Special Master Corcoran
Petitioner, Filed: April 29, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 16, 2019, Victor Waggoner 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 right shoulder injury related to vaccine
administration as a result of an influenza vaccine received on September 25, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 29, 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 agrees that “petitioner has satisfied the criteria set forth in the
Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”) . .
. petitioner had no history of pain, inflammation, or dysfunction in his right shoulder; his
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-01900-UNJ Document 24 Filed 06/04/21 Page 2 of 2
pain and reduced range of motion occurred within 48 hours of receipt of an intramuscular
vaccination; his symptoms were limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality was identified to explain his
symptoms.” Id. at 5. Respondent further agrees that the statutory six month sequela
requirement has been satisfied. 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-01900-1
Date issued/filed: 2021-09-02
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/02/2021) 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-01900-UNJ Document 32 Filed 09/02/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1900V
UNPUBLISHED
VICTOR WAGGONER, Chief Special Master Corcoran
Petitioner, Filed: August 2, 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)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On December 16, 2019, Victor Waggoner 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 right shoulder injury related to vaccine
administration as a result of an influenza vaccine received on September 25, 2018.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 29, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 2, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $94,592.09. Proffer at
1-2. 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.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-01900-UNJ Document 32 Filed 09/02/21 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $94,592.09 (comprised of $92,500.00 for pain and suffering and
$2,092.09 for past unreimbursable out of pocket medical expenses and lost wages)
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-01900-UNJ Document 32 Filed 09/02/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
VICTOR WAGGONER,
Petitioner, No. 19-1900V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 15, 2019, Victor Waggoner (“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 (“Vaccine Act” or “Act”). Petitioner alleges that he suffered a “shoulder injury
related to vaccine administration” as a result of an influenza (“flu”) vaccine administered on
September 25, 2018. Petition at 1. On April 29, 2021, respondent filed his Vaccine Rule 4(c)
report, recommending that compensation be awarded. ECF No. 20. Also on April 29, 2021, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 21.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $94,592.09. The award is
comprised of $92,500.00 for pain and suffering and $2,092.09 for past un-reimbursable out-of-
pocket medical expenses and lost wages. This represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01900-UNJ Document 32 Filed 09/02/21 Page 4 of 5
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 $94,592.09, representing
compensation for all elements of economic and noneconomic damages, in the form of a check
payable to petitioner, Victor Waggoner.
III. Summary of Recommended Payment Following Judgment
Lump sum payable to petitioner, Victor Waggoner: $94,592.09.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
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-01900-UNJ Document 32 Filed 09/02/21 Page 5 of 5
s/ Jennifer A. Shah
Jennifer A. Shah
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) 305-2181
Jennifer.shah@usdoj.gov
Dated: August 2, 2021
3