VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00360
Package ID: USCOURTS-cofc-1_20-vv-00360
Petitioner: John Miles
Filed: 2021-10-14
Decided: 2022-01-19
Vaccine: influenza
Vaccination date: 2017-10-23
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 133000

AI-assisted case summary:
John Miles filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2017. The respondent conceded that Mr. Miles is entitled to compensation, agreeing that he met the criteria for SIRVA on the Vaccine Injury Table and suffered residual effects for more than six months. A ruling on entitlement was issued on October 14, 2021, finding Mr. Miles entitled to compensation. Subsequently, on January 19, 2022, a decision awarding damages was issued based on a proffer agreed to by both parties. The award included $130,000.00 for pain and suffering, $1,878.10 for past unreimbursable expenses, and $1,116.09 for an outstanding health services balance owed to Baylor Scott & White. The total compensation awarded was $133,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00360-0
Date issued/filed: 2021-11-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/14/2021) regarding 33 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00360-UNJ Document 36 Filed 11/22/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0360V
UNPUBLISHED
JOHN MILES, Chief Special Master Corcoran
Petitioner, Filed: October 14, 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)
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 30, 2020, John Miles 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 from a right shoulder injury related to vaccine
administration (SIRVA) as a result of an influenza (“flu”) vaccine administered on October
23, 2017. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 14, 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, it is Respondent’s position that Petitioner has satisfied the criteria set forth
in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00360-UNJ Document 36 Filed 11/22/21 Page 2 of 2
Id. at 5. Respondent further agrees that Petitioner suffered 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_20-vv-00360-1
Date issued/filed: 2022-01-19
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/17/2021) 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-00360-UNJ Document 42 Filed 01/19/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0360V
UNPUBLISHED
JOHN MILES, Chief Special Master Corcoran
Petitioner, Filed: December 17, 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)
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 30, 2020, John Miles 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 (SIRVA) after an influenza (“flu”) vaccination on October 23, 2017. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 14, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a right SIRVA. On December 17, 2021, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded: (1)
$130,000.00 in pain and suffering, (2) $1,878.10 for past unreimbursable expenses,
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 1:20-vv-00360-UNJ Document 42 Filed 01/19/22 Page 2 of 5
and (3) $1,116.09 for payment of an outstanding balance for health services provided
to Petitioner by Baylor Scott & White.
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.
Accordingly, Pursuant to the terms stated in the attached Proffer, I award
Petitioner
1. A lump sum payment of $131,878.10 in the form of a check payable to Petitioner;
and,
2. A lump sum payment of $1,116.09 in the form of a check payable jointly to
Petitioner and
Baylor Scott & White
600 North Park Street
Brenham, TX 77833
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-00360-UNJ Document 42 Filed 01/19/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOHN MILES,
)
)
Petitioner,
) No. 20-360V
v.
) Chief Special Master Corcoran
) SPU
SECRETARY OF HEALTH AND HUMAN
) ECF
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 30, 2020, John Miles (“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 influenza
vaccine he received on October 23, 2017. Petition at 1. On October 14, 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. 31.
That same day, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 33.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $130,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00360-UNJ Document 42 Filed 01/19/22 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that the Court should award petitioner
a lump sum of $1,878.10, for past unreimbursable expenses, as provided under 42 U.S.C. §
300aa-15(a)(1)(B). Petitioner agrees.
Respondent further proffers that the Court should award petitioner a lump sum of
$1,116.09, for payment of an outstanding balance for health services provided to petitioner by
Baylor Scott & White - The Brenham Clinic, in the form of a check payable jointly to petitioner
and
Baylor Scott & White
600 North Park Street
Brenham, TX 77833
ATTN: Patient Accounting Department
See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees to endorse the check to Baylor Scott &
White.
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
the lump sum payments 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 $131,878.10, in the
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 pain and
suffering.
2

Case 1:20-vv-00360-UNJ Document 42 Filed 01/19/22 Page 5 of 5
form of a check payable to petitioner; and a lump sum payment of $1,116.09, in the form of a
check payable jointly to petitioner and Baylor Scott & White.
III. Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner, John Miles: $131,878.10
B. Lump sum payable jointly to petitioner, John Miles,
and Baylor Scott & White: $1,116.09
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: December 17, 2021
3