VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00208
Package ID: USCOURTS-cofc-1_20-vv-00208
Petitioner: David Carpenter, Jr.
Filed: 2021-04-15
Decided: 2021-05-19
Vaccine: influenza
Vaccination date: 2018-11-03
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60185

AI-assisted case summary:
David Carpenter, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on April 15, 2021, alleging that an influenza vaccine administered on November 3, 2018, caused a left shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Carpenter was entitled to compensation, agreeing that the injury was a Table injury. A ruling on entitlement was issued on April 15, 2021, finding Carpenter entitled to compensation. Subsequently, on April 15, 2021, the respondent filed a proffer on award of damages. The proffer indicated that Carpenter should be awarded $60,185.30, comprised of $60,000.00 for pain and suffering and $185.30 for past unreimbursed expenses. The proffer stated that Carpenter agreed with this award. The decision awarding damages was issued on May 19, 2021, granting the lump sum payment of $60,185.30 to Carpenter.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00208-0
Date issued/filed: 2021-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/15/2021) regarding 35 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00208-UNJ Document 42 Filed 05/19/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-208V
UNPUBLISHED
DAVID CARPENTER, JR., Chief Special Master Corcoran
Petitioner, Filed: April 15, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On February 26, 2020, David Carpenter 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 as a result of an influenza vaccine administered
(“SIRVA”) on November 3, 2018 he suffered a left shoulder injury related to vaccine
administration. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 13, 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 concluded that Petitioner suffered a Table injury of left SIRVA.
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 1:20-vv-00208-UNJ Document 42 Filed 05/19/21 Page 2 of 2
Id. at 4. Respondent further agrees that that Petitioner 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00208-1
Date issued/filed: 2021-05-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/19/2021) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00208-UNJ Document 43 Filed 05/21/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-208V
UNPUBLISHED
DAVID CARPENTER, JR., Chief Special Master Corcoran
Petitioner, Filed: April 19, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On February 26, 2020, David Carpenter, Jr., 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”) as a result of an influenza vaccine administered on November
3, 2018. Petition at 1. Petitioner further alleges that the vaccine was administered within
the United States, that his injuries lasted more than six months, and that no party has
received any compensation in the form of a civil award or settlement for Petitioner’s
vaccine-related injuries. Petition at 4-5. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 15, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a SIRVA. On April 15, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $60,185.30 comprised
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 1:20-vv-00208-UNJ Document 43 Filed 05/21/21 Page 2 of 4
of $60,000.00 for pain and suffering and $185.30 for past unreimbursed expenses. Proffer
at 1. 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 $60,185.30 comprised of $60,000.00 for pain and suffering and
$185.30 for past unreimbursed expenses 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 1:20-vv-00208-UNJ Document 43 Filed 05/21/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
DAVID CARPENTER, JR., )
)
Petitioner, )
) No. 20-208V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On April 13, 2021, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury
Related to Vaccine Administration (“SIRVA”). On April 15, 2021, the Court entered its Ruling
on Entitlement, finding petitioner David Carpenter, Jr., entitled to Vaccine Act compensation.
Respondent now proffers that petitioner receive a compensation award consisting of a lump sum
of $60,185.30 in the form of a check payable to petitioner, David Carpenter, Jr.1 This amount
consists of $60,000.00 for pain and suffering and $185.30 for past unreimbursed expenses, and
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled.2
Petitioner agrees with the proffered award of $60,185.30.3
1 Petitioner is a competent adult. No guardianship is required.
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.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:20-vv-00208-UNJ Document 43 Filed 05/21/21 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
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Voris.Johnson@usdoj.gov
Dated: April 15, 2021
2