VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00333
Package ID: USCOURTS-cofc-1_20-vv-00333
Petitioner: Brian “Larry” Atkins
Filed: 2020-06-30
Decided: 2025-02-18
Vaccine: influenza
Vaccination date: 2018-10-15
Condition: mass on the left deltoid
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
Brian “Larry” Atkins filed a petition alleging that an influenza vaccine he received on October 15, 2018, caused a mass on his left deltoid. He contended that the vaccine was administered by an entity with inadequate safety controls, leading to similar injuries in others. This case was one of several related petitions, and the parties agreed to use a test case, Silvers v. Secretary of Health & Human Services, to determine entitlement. In that test case, the court found that the influenza vaccine caused a shoulder skin abscess associated with a bacterial infection. Respondent filed a Rule 4(c) Report in Mr. Atkins' case, electing not to defend and requesting a ruling on the record. Based on the evidence and the Silvers decision, the court found Mr. Atkins entitled to compensation. Subsequently, Respondent filed a proffer proposing an award of $10,000.00 for pain and suffering. The court reviewed the proffer and found it reasonable, adopting it as the decision awarding damages. The total award was $10,000.00, representing all elements of compensation to which Mr. Atkins is entitled.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00333-0
Date issued/filed: 2025-01-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2024) regarding 35 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (af) Service on parties made.
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Case 1:20-vv-00333-UNJ Document 37 Filed 01/08/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-333V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
BRIAN “LARRY” ATKINS, * Chief Special Master Corcoran
*
Petitioner, * Filed: November 20, 2024
*
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Tim Rutherford McCarthy, Nutt Law Office, Louisville, KY, for Petitioner.
James Vincent Lopez, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 30, 2020, Brian “Larry” Atkins (“Petitioner”) filed an amended petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-10 et seq. (Vaccine Act). Petitioner alleges that an influenza vaccine he received on
October 15, 2018, caused adverse effects, including a “mass on the left deltoid.” See generally
Amended Petition. In particular, Petitioner contends that the vaccine he received was administered
by a Kentucky mobile vaccination entity that was later determined to have exercised inadequate
safety control over its vaccines, resulting in numerous vaccinated individuals experiencing
comparable abscess injuries.
1 "Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public
in its present form. Id."

Case 1:20-vv-00333-UNJ Document 37 Filed 01/08/25 Page 2 of 2
This matter was initiated at the same time as a number of related petitions brought by
similarly-situated claimants and represented by the afore-referenced attorney.2 The parties
consented to resolution of entitlement in one “test case,” the results of which could then be applied
to the related cases. On April 25, 2024, I ruled in favor of the Silvers petitioner, finding that the
administration of the influenza vaccine had caused him to experience a right shoulder skin abscess
associated with a bacterial infection. See Silvers v. Sec'y of Health & Hum. Servs., No. 20-1V,
2024 WL 2799285 (Fed. Cl. Spec. Mstr. Apr. 25, 2024).
On October 23, 2024, Respondent filed a Rule 4(c) Report in this action. See Respondent’s
Report (ECF No. 34) (“Report”). Having reviewed the evidence in this case and the Silvers
decision, Respondent elected not to defend the case, and requested a ruling on the record. Report
at 1-2.
In view of Respondent’s position, and based on my own review of the record (see Section
13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation. The same
reasoning set forth in Silvers for why compensation was appropriate therein also applies to this
claim.
On or before January 10, 2025, parties shall file a proffer or a joint status report detailing
their status in resolving damages in this matter.
Any questions may be directed to my law clerk, Alexis Franks, at
alexis_franks@cfc.uscourts.gov.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2 See generally Silvers v. Secretary of Health and Human Services (No. 20-1V), Stewart v. Health and Human Services
(No. 20-19V), Williams v. Secretary of Health and Human Services (No. 20-1048V), Stastny v. Secretary of Health
and Human Services (No. 20-22V), and Williams v. Secretary of Health and Human Services (No. 20-1120V).
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00333-1
Date issued/filed: 2025-02-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/13/2025) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (af) Service on parties made.
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Case 1:20-vv-00333-UNJ Document 39 Filed 02/18/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-333-V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
BRIAN “LARRY” ATKINS, * Chief Special Master Corcoran
*
Petitioner, * Filed: January 13, 2025
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Timothy Rutherford McCarthy, Nutt Law Office, Louisville, KY, for Petitioner.
James Vincent Lopez, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 30, 2020, Brian “Larry” Atkins (“Petitioner”) filed an amended petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-10 et seq. (Vaccine Act). Petitioner alleges that an influenza vaccine he received on
October 15, 2018, caused adverse effects, including a “mass on the left deltoid.” See generally
Amended Petition. In particular, Petitioner contends that the vaccine he received was administered
by a Kentucky mobile vaccination entity that was later determined to have exercised inadequate
safety control over its vaccines, resulting in numerous vaccinated individuals experiencing
comparable abscess injuries.
This matter was initiated at the same time as a number of related petitions brought by
similarly-situated claimants and represented by the same attorney.2 The parties consented to
1 Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public
in its present form. Id.
2 See generally Silvers v. Secretary of Health and Human Services (No. 20-1V), Stewart v. Health and Human
Services (No. 20-19V), Williams v. Secretary of Health and Human Services (No. 20-1048V), Stastny v. Secretary of

Case 1:20-vv-00333-UNJ Document 39 Filed 02/18/25 Page 2 of 5
resolution of entitlement in one “test case,” the results of which could then be applied to the related
cases. In April 2024, I ruled in favor of the test case petitioner, finding that the administration of
the influenza vaccine had caused him to experience a right shoulder skin abscess associated with
a bacterial infection. See generally Silvers v. Sec'y of Health & Hum. Servs., No. 20-1V, 2024 WL
2799285 (Fed. Cl. Spec. Mstr. Apr. 25, 2024).
On October 23, 2024, Respondent filed a Rule 4(c) Report in this action. See Respondent’s
Report (ECF No. 34) (“Report”). Having reviewed the evidence in this case and taking into account
the Silvers decision, Respondent elected not to defend the case, requesting instead a ruling on the
record. Report at 1-2. In view of Respondent’s position, and after my own review of the record, I
found Petitioner was entitled to an award of damages. See Atkins v. Sec'y of Health & Hum. Servs.,
No. 20-333V, 2024 WL 5297983 (Fed. Cl. Spec. Mstr. Nov. 20, 2024).
On January 7, 2025, Respondent filed a proffer proposing an award of compensation.
Proffer (ECF No. 36) (“Proffer”). I have reviewed the filing and based upon that review, I conclude
that Respondent’s proffer (as attached hereto) is reasonable. I therefore adopt it as my Decision in
awarding damages on the terms set forth therein.
The proffer awards:
• A lump sum payment of $10,000.00, representing compensation for pain and suffering,
in the form of a check payable to Petitioner.
Proffer at 2. This amount represents all elements of compensation to which Petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Id.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
Health and Human Services (No. 20-22V), and Williams v. Secretary of Health and Human Services (No. 20-
1120V).
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

Case 1:20-vv-00333-UNJ Document 39 Filed 02/18/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
BRIAN “LARRY” ATKINS, )
)
Petitioner, )
) No. 20-333V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 30, 2020, Brian “Larry” Atkins (“petitioner”) filed an amended petition for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the
Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34, alleging an influenza (“flu”)
vaccination he received on October 15, 2018, caused adverse effects, including a “mass on the
left deltoid.” See Amended Petition (“Am. Pet.”) at 1; Petitioner’s Exhibit 10 at 1-2. On
October 23, 2024, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report electing not to defend and requesting a ruling on the record regarding petitioner’s
entitlement to compensation. ECF No. 34. On November 20, 2024, the Chief Special Master
issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation.
ECF No. 35.

C ase 1:20-vv-00333-UNJ Document 39 Filed 02/18/25 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $10,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represents 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 $10,000.00, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Brian “Larry” Atkins: $10,000.00
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy 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-00333-UNJ Document 39 Filed 02/18/25 Page 5 of 5
VORIS E. JOHNSON
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
Date: January 7, 2025
3