VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00528
Package ID: USCOURTS-cofc-1_20-vv-00528
Petitioner: Thomas Laha
Filed: 2020-04-29
Decided: 2021-10-27
Vaccine: influenza
Vaccination date: 2018-10-05
Condition: left shoulder and arm pain
Outcome: compensated
Award amount USD: 137140

AI-assisted case summary:
Thomas Laha filed a petition on April 29, 2020, alleging that he suffered left shoulder and arm pain as a result of an influenza vaccination he received on October 5, 2018. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report on July 13, 2021, conceding that Mr. Laha was entitled to compensation. Respondent's review concluded that Mr. Laha suffered a Table injury of left SIRVA (Shoulder Injury Related to Vaccine Administration) and met the statutory requirements for compensation, including experiencing six months of residual effects. Based on respondent's concession and the evidence, entitlement was granted on July 15, 2021. On September 23, 2021, respondent filed a proffer on award of damages, proposing an award of $137,140.93, consisting of $132,500.00 for pain and suffering and $4,640.93 for past unreimbursed expenses. Petitioner agreed with this proffered award. The decision on October 27, 2021, awarded Mr. Laha the stipulated amount of $137,140.93.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00528-0
Date issued/filed: 2021-08-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/15/2021) regarding 37 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00528-UNJ Document 40 Filed 08/17/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-528V
UNPUBLISHED
THOMAS LAHA, Chief Special Master Corcoran
Petitioner, Filed: July 15, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Renée J. Gentry, Vaccine Injury Clinic, George Washington University Law School,
Washington, DC for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 29, 2020, Thomas Laha 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 that he suffered left shoulder and arm pain as a
result of his influneza vaccination on October 5, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 13, 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.
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-00528-UNJ Document 40 Filed 08/17/21 Page 2 of 2
Specifically, Respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
Petition and medical records filed in this case. Based on their review, DICP
concluded that petitioner suffered a Table injury of left SIRVA [Shoulder
Injury Related to Vaccine Administration]. DICP did not identify any other
causes for petitioner’s left SIRVA, and based on the medical records
outlined above, petitioner met the statutory requirements by experiencing
six months of residual effects. See 42 U.S.C. § 300aa-13(a)(1)(B); 42
U.S.C. § 300aa-11(c)(1)(D)(i) and (iii).
Id. at 6. Respondent further agrees that “compensation is appropriate, as petitioner has
satisfied all legal prerequisites for compensation under the Act.” 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-00528-1
Date issued/filed: 2021-10-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/24/2021) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00528-UNJ Document 47 Filed 10/27/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-528V
UNPUBLISHED
THOMAS LAHA, Chief Special Master Corcoran
Petitioner, Filed: September 24, 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)
Renee J. Gentry, Vaccine Injury Law Clinic, George Washington University of Law,
Washington, DC, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 29, 2020, Thomas Laha 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 shoulder and arm pain as a result of his
influneza vaccination on October 5, 2018. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On July 15, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for Shoulder Injury Related to Vaccine Administration (“SIRVA”). On
September 23, 2021, Respondent filed a proffer on award of compensation (“Proffer”)
indicating Petitioner should be awarded $137,140.93 (consisting of $132,500.00 for pain
and suffering and $4,640.93 for past unreimbursed expenses). Proffer at 1. In the Proffer,
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-00528-UNJ Document 47 Filed 10/27/21 Page 2 of 4
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 $137,140.93 (consisting of $132,500.00 for pain and suffering and
$4,640.93 for past unreimbursed expenses) 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 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-00528-UNJ Document 47 Filed 10/27/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
THOMAS LAHA, )
)
Petitioner, )
) No. 20-528V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On July 13, 2021, respondent, the Secretary of Health and Human Services, filed his Rule
4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury
Related to Vaccine Administration (“SIRVA”). On July 15, the Court entered its Ruling on
Entitlement, finding petitioner Thomas Laha entitled to Vaccine Act compensation. Respondent
now proffers that petitioner receive a compensation award consisting of a lump sum of
$137,140.93 in the form of a check payable to petitioner, Thomas Laha.1 This amount consists
of $132,500.00 for pain and suffering and $4,640.93 for past unreimbursed expenses, and
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled.2
Petitioner agrees with the proffered award of $137,140.93.3
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).

Case 1:20-vv-00528-UNJ Document 47 Filed 10/27/21 Page 4 of 4
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
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4136
Email: voris.johnson@usdoj.gov
Dated: September 23, 2021
2