VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00492
Package ID: USCOURTS-cofc-1_20-vv-00492
Petitioner: Glenn Smith, Jr.
Filed: 2021-12-10
Decided: 2022-04-22
Vaccine: influenza
Vaccination date: 2017-12-06
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47736

AI-assisted case summary:
Glenn Smith, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after an influenza vaccination on December 6, 2017. He claimed his symptoms lasted for more than six months. The respondent conceded that the claim met the Table criteria for SIRVA, agreeing that Petitioner had no prior shoulder issues, experienced pain within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the injection site. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and the statutory severity requirement was met. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties reached a proffer on damages. The respondent recommended an award of $47,736.23, consisting of $47,500.00 for pain and suffering and $236.23 for past unreimbursable expenses. Petitioner agreed with this award. The court issued a decision awarding the proffered amount as a lump sum payment to Glenn Smith, Jr., compensating him for all available damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00492-0
Date issued/filed: 2022-01-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/10/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00492-UNJ Document 31 Filed 01/11/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0492V
UNPUBLISHED
GLENN SMITH, JR., Chief Special Master Corcoran
Petitioner, Filed: December 10, 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.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 23, 2020, Glenn Smith, 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) after an influenza (“flu”) vaccination received on December 6,
2017. Petition at ¶¶ 2, 9. Petitioner further alleges that his symptoms lasted for more than
six months. Petition at ¶ 9. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 10, 2021, Respondent filed his Rule 4(c) report in which he
concedes that Petitioner is entitled to compensation in this case because his “claim meets
the Table criteria for SIRVA.” Respondent’s Rule 4(c) Report at 1, 3. Specifically,
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-00492-UNJ Document 31 Filed 01/11/22 Page 2 of 2
Petitioner had no apparent history of pain, inflammation, or dysfunction of the affected
shoulder prior to intramuscular vaccine administration that would explain the alleged
signs, symptoms, examination findings, and/or diagnostic studies occurring after vaccine
injection; Petitioner more likely than not suffered the onset of pain within 48 hours of
vaccine administration; Petitioner’s pain and reduced range of motion were limited to the
shoulder in which the intramuscular vaccine was administered; and there is no condition
or abnormality present that would explain Petitioner’s symptoms. Id. at 3-4. Respondent
further agrees that the case was timely filed, the vaccine was received in the United
States, and the statutory severity requirement is satisfied because Petitioner suffered the
residual effects or complications of his injury for more than six months after vaccination.
Id. at 4.
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-00492-1
Date issued/filed: 2022-04-22
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/23/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00492-UNJ Document 40 Filed 04/22/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0492V
UNPUBLISHED
GLENN SMITH, JR., Chief Special Master Corcoran
Petitioner, Filed: March 23, 2022
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.
Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 23, 2020, Glenn Smith, 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) after an influenza (“flu”) vaccination received on December 6,
2017. Petition at ¶¶ 2, 9. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On December 10, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for a left SIRVA. On March 23, 2022, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $47,736.23,
consisting of (1) $47,500.00 in pain and suffering, and (2) $236.23 in past unreimbursable
expenses. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees
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-00492-UNJ Document 40 Filed 04/22/22 Page 2 of 5
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 $47,736.23 in the form of a check payable to Petitioner. As stated
above, this consists of an award for:
1. $47,500.00 in pain and suffering, and
2. $236.23 in past unreimbursable expenses.
These amounts represent 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-00492-UNJ Document 40 Filed 04/22/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GLENN SMITH, JR., )
)
Petitioner, )
) No. 20-492V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 23, 2020, Glenn Smith, Jr. (“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 December 6, 2017. Petition at 1. On December 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, and on that
same date, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 27; ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $47,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00492-UNJ Document 40 Filed 04/22/22 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 petitioner should be awarded past
unreimbursable expenses in the amount of $236.23. 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 $47,736.23, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Glenn Smith, Jr.: $47,736.23
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting 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-00492-UNJ Document 40 Filed 04/22/22 Page 5 of 5
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s/ Emilie F. Williams
EMILIE F. WILLIAMS
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) 305-0124
Emilie.williams@usdoj.gov
DATED: March 23, 2022
3