VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00377
Package ID: USCOURTS-cofc-1_20-vv-00377
Petitioner: David Butts
Filed: 2020-04-02
Decided: 2024-03-29
Vaccine: influenza
Vaccination date: 2018-10-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 142987

AI-assisted case summary:
David Butts filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination he received on October 18, 2018, caused him to develop a shoulder injury related to vaccine administration (SIRVA). The petition was filed on April 2, 2020. Mr. Butts alleged that his left shoulder injuries lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Butts was entitled to compensation. The respondent agreed that Mr. Butts had no prior history of left shoulder issues, that he experienced pain within forty-eight hours of the vaccination, that his symptoms were limited to the injection site, and that no other condition could explain his symptoms. The respondent also agreed that Mr. Butts suffered residual effects for more than six months. Based on the concession, a ruling on entitlement was issued on August 30, 2021, finding Mr. Butts entitled to compensation. Subsequently, on February 27, 2024, the respondent filed a proffer on award of compensation. The parties agreed to an award of $142,987.20, which included $135,000.00 for pain and suffering, $763.20 for past unreimbursable expenses, and $7,224.00 for past and future lost wages. A decision awarding damages was issued on March 29, 2024, granting the lump sum payment to Mr. Butts.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00377-0
Date issued/filed: 2021-09-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/30/2021) regarding 30 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00377-UNJ Document 32 Filed 09/30/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0377V
UNPUBLISHED
DAVID BUTTS, Chief Special Master Corcoran
Petitioner, Filed: August 30, 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)
Bridget McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Catherine Stolar, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 2, 2020, David Butts 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 his receipt of an influenza (“flu”) vaccination on October 18,
2018 caused him to develop a shoulder injury related to vaccine administration (SIRVA).
Petition at 1. Petitioner further alleges that his left shoulder injuries lasted more than six
months. Petition at ¶ 21. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 30, 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 had no history of pain, inflammation, or
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-00377-UNJ Document 32 Filed 09/30/21 Page 2 of 2
dysfunction of the left shoulder prior to his vaccination that would explain the alleged
symptoms and examination findings occurring after vaccine injection; Petitioner more
likely than not suffered the onset of pain within forty-eight hours of vaccine administration;
Petitioner’s pain and reduced range of motion were limited to the left shoulder in which
the flu vaccine was administered; and there is no other condition or abnormality present
that would explain Petitioner’s symptoms. Id. at 7-8. Respondent further agrees that
Petitioner satisfies the statutory requirement by suffering the residual effects or
complications of his injury for more than six months after vaccine administration. Id. at 8.
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-00377-1
Date issued/filed: 2024-03-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/27/2024) regarding 62 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:20-vv-00377-UNJ Document 66 Filed 03/29/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0377V
DAVID BUTTS, Chief Special Master Corcoran
Petitioner, Filed: February 27, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On April 2, 2020, David Butts 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 his receipt of an influenza (“flu”) vaccination on October 18,
2018 caused him to develop a shoulder injury related to vaccine administration (SIRVA).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 30, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. ECF No. 30. On February 27, 2024, Respondent filed a
proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$142,987.20, representing $135,000.00 for pain and suffering, $763.20 for past
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:20-vv-00377-UNJ Document 66 Filed 03/29/24 Page 2 of 5
unreimbursed expenses, and $7,224.00 for past and future lost wages. 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.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $142,987.20, representing $135,000.00 for pain and suffering,
$763.20 for actual unreimbursable expenses, and $7,224.00 for actual and projected
lost wages in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under Section 15(a).
The Clerk of 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-00377-UNJ Document 66 Filed 03/29/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
DAVID BUTTS, )
)
Petitioner, )
) No. 20-377V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 2, 2020, David Butts (“petitioner”), filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“the Vaccine Act”
or “the Act”), as amended. Petitioner alleged that his receipt of an influenza (“flu”) vaccine on
October 18, 2018, caused him to develop a left-sided Shoulder Injury Related to Vaccine
Administration (“SIRVA”). ECF No. 1 at 1. On August 30, 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 SIRVA Table injury. ECF No. 29. The same
day, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 30.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $135,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00377-UNJ Document 66 Filed 03/29/24 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 petitioner should be awarded past
unreimbursable expenses in the amount of $763.20. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
C. Lost Wages
Evidence supplied by petitioner documents that he incurred past and future lost wages as
a result of his vaccine-related injury. Respondent proffers that petitioner should be awarded lost
wages in the amount of $7,224.00. See 42 U.S.C. § 300aa-15(a)(3)(A). 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 following:1 a lump sum payment of $142,987.20, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, David Butts: $142,987.20
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-00377-UNJ Document 66 Filed 03/29/24 Page 5 of 5
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Fax: (202) 616-4310
Email: catherine.stolar@usdoj.gov
DATED: February 27, 2024
3