VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00325
Package ID: USCOURTS-cofc-1_20-vv-00325
Petitioner: Richard Jones
Filed: 2021-08-10
Decided: 2021-09-14
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2018-10-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 53873

AI-assisted case summary:
Richard Jones filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate vaccination he received on October 15, 2018. The respondent conceded that Petitioner is entitled to compensation, stating that the claim meets the Table criteria for SIRVA. Specifically, the respondent noted that Petitioner had no prior history of shoulder issues and that his pain and reduced range of motion were limited to the injection site. The respondent also agreed that no other condition could explain Petitioner's symptoms and that he experienced residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation. Subsequently, the parties submitted a proffer for an award of compensation. The decision awarded Richard Jones a lump sum payment of $53,873.49, consisting of $52,500.00 for pain and suffering and $1,373.49 for past unreimbursed expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00325-0
Date issued/filed: 2021-09-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/10/2021) regarding 23 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00325-UNJ Document 30 Filed 09/09/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0325V
UNPUBLISHED
RICHARD JONES, Chief Special Master Corcoran
Petitioner, Filed: August 10, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Pneumococcal
Conjugate Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 23, 2020, Richard Jones 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 pneumococcal conjugate vaccination administered
to him on October 15, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 10, 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. In his report, Respondent states that medical personnel at the Division of Injury
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-00325-UNJ Document 30 Filed 09/09/21 Page 2 of 2
Compensation Programs have reviewed the facts of this case and concluded that
Petitioner’s claim meets the Table criteria for SIRVA. ECF 22 at 4. Specifically,
“[P]etitioner had no apparent history of pain, inflammation or dysfunction of the affected
shoulder prior to vaccine administration that would explain the alleged signs, symptoms,
examination findings, and/or diagnostic studies occurring after vaccine injection; [and
Petitioner’s] pain and reduced range of motion were limited to the shoulder in which the
vaccine was administered. Id. Respondent further agrees that there is no other condition
or abnormality present that would explain Petitioner’s symptoms and that Petitioner
experienced the residual effects or complications of his injury for more than six months
after vaccine administration. 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_20-vv-00325-1
Date issued/filed: 2021-09-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/11/2021) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00325-UNJ Document 31 Filed 09/14/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0325V
UNPUBLISHED
RICHARD JONES, Chief Special Master Corcoran
Petitioner, Filed: August 11, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 23, 2020, Richard Jones 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 pneumococcal conjugate vaccination administered
to him on October 15, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 10, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a SIRVA. ECF 23. On August 11, 2021, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $53,873.49.
Proffer at 2. 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 1:20-vv-00325-UNJ Document 31 Filed 09/14/21 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 $53,873.49 in the form of a check payable to Petitioner, consisting
of (1) $52,500.00 in pain and suffering and (2) $1,373.49 in past unreimbursed
expenses. These amounts represent compensation for all damages that would be
available under Section 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-00325-UNJ Document 31 Filed 09/14/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RICHARD JONES, )
)
Petitioner, )
) No. 20-325V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 23, 2020, Richard Jones (“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
pneumococcal conjugate vaccine he received on October 15, 2018.
On August 10, 2021, 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. ECF No. 22. On August 10, 2021, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 23.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $52,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00325-UNJ Document 31 Filed 09/14/21 Page 4 of 5
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $1,373.49. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent 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 $53,873.49, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Richard Jones: $53,873.49
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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 1:20-vv-00325-UNJ Document 31 Filed 09/14/21 Page 5 of 5
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
ALEXIS BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Wei Kit (Ricky) Tai
WEI KIT (RICKY) TAI
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) 598-7705
Wei.Tai@usdoj.gov
Dated: August 11, 2021
3