VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00516
Package ID: USCOURTS-cofc-1_20-vv-00516
Petitioner: Brian Williams
Filed: 2021-07-19
Decided: 2021-11-04
Vaccine: influenza
Vaccination date: 2018-10-12
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 56591

AI-assisted case summary:
Brian Williams filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on October 12, 2018, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Mr. Williams is entitled to compensation, agreeing that his condition met the criteria of the Vaccine Injury Table and that the onset of SIRVA occurred within 48 hours of the vaccination with no apparent alternative cause. The medical records also confirmed that Mr. Williams experienced residual effects from his SIRVA for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued. The parties agreed to a proffer of $56,591.12, which included $55,000.00 for pain and suffering and $1,591.12 for past unreimbursable expenses. This amount represents all elements of compensation available under the Vaccine Act. The award was made as a lump sum payment to Brian Williams, who is a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00516-0
Date issued/filed: 2021-08-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/19/2021) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00516-UNJ Document 22 Filed 08/18/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0516V
UNPUBLISHED
BRIAN WILLIAMS, Chief Special Master Corcoran
Petitioner, Filed: July 19, 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)
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 27, 2020, Brian Williams 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 received an influenza (“flu”) vaccine in his left
deltoid on October 12, 2018 and subsequently suffered a left shoulder injury related to
vaccine administration (SIRVA). Petition at 1, 3. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 8, 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 has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a
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-00516-UNJ Document 22 Filed 08/18/21 Page 2 of 2
petitioner a presumption of causation if onset of SIRVA occurs within 48 hours after
receipt of a seasonal flu vaccination and there is no apparent alternative cause. Id. at 5.
Respondent further agrees that the medical records demonstrate that Petitioner has
experienced the residual effects of his SIRVA for more than six months. 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-00516-1
Date issued/filed: 2021-11-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/05/2021) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00516-UNJ Document 32 Filed 11/04/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0516V
UNPUBLISHED
BRIAN WILLIAMS, Chief Special Master Corcoran
Petitioner, Filed: October 5, 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)
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 27, 2020, Brian Williams 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 received an influenza (“flu”) vaccine in his left
deltoid on October 12, 2018 and subsequently suffered a shoulder injury related to
vaccine administration (SIRVA). Petition at 1, 3. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 19, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for a left SIRVA. On October 5, 2021, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $56,591.12. Proffer
at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-00516-UNJ Document 32 Filed 11/04/21 Page 2 of 5
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 $56,591.12 in the form of a check payable to Petitioner. This
consists of:
• $55,000.00 in pain and suffering, and
• $1,591.12 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-00516-UNJ Document 32 Filed 11/04/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRIAN WILLIAMS,
Petitioner, No. 20-516V
v. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 27, 2020, Brian Williams (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to
-34 (“Vaccine Act” or “Act”), as amended. The Petition alleges that petitioner received an
influenza (“flu”) vaccine in his left deltoid on October 12, 2018, and subsequently suffered from
a left shoulder injury related to vaccine administration (“SIRVA”). Petition at 1, 3.
On July 8, 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 July 19, 2021, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 19; ECF No. 20.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
1

Case 1:20-vv-00516-UNJ Document 32 Filed 11/04/21 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 $1,591.12. 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 following: a lump sum payment of $56,591.12, in the form of a
check payable to petitioner.1
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Brian Williams: $56,591.12
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
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-00516-UNJ Document 32 Filed 11/04/21 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: October 5, 2021
3