VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00667
Package ID: USCOURTS-cofc-1_20-vv-00667
Petitioner: Sameer Patel
Filed: 2020-06-01
Decided: 2023-01-18
Vaccine: influenza
Vaccination date: 2017-12-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 72563

AI-assisted case summary:
Sameer Patel filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on December 22, 2017. The petition stated that his injury lasted for more than six months. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. Respondent stated that Petitioner had no prior history of shoulder issues, that the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. Respondent also agreed that the six-month sequela requirement was satisfied. Based on Respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $72,000.00 for actual pain and suffering and $563.55 to satisfy a State of Arizona Medicaid lien. Petitioner agreed with the proffered award. The Chief Special Master issued a Decision Awarding Damages, awarding the total sum of $72,563.55, comprising $72,000.00 for pain and suffering and $563.55 for the Medicaid lien.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00667-0
Date issued/filed: 2022-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2022) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00667-UNJ Document 30 Filed 03/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0667V
UNPUBLISHED
SAMEER PATEL, Chief Special Master Corcoran
Petitioner, Filed: February 22, 2022
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.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 1, 2020, Sameer Patel 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”) resulting from an influenza (“flu”) vaccination he received on
December 22, 2017. Petition at 1. Petitioner further alleges that his injury lasted for more
than six months. Id. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On February 22, 2022, 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 states 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-00667-UNJ Document 30 Filed 03/30/22 Page 2 of 2
dysfunction of his left shoulder; pain more likely than not occurred within 48 hours after
receipt of an intramuscular vaccination; pain was limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality has been identified to
explain Petitioner’s shoulder pain. Id. at 5. Respondent further agrees that “given the
medical records, the statutory six-month sequela requirement has been satisfied. 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-00667-1
Date issued/filed: 2023-01-18
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 12/16/2022) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-00667-UNJ Document 43 Filed 01/18/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0667V
UNPUBLISHED
SAMEER PATEL, Chief Special Master Corcoran
Petitioner, Filed: December 16, 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.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 1, 2020, Sameer Patel 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 shoulder injury related to vaccine administration
(“SIRVA”) as a result of an influenza vaccination he received on December 22, 2017.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On February 22, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for Petitioner’s SIRVA. ECF No. 27. On December 16, 2022,
Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner
should be awarded $72,000.00 in actual pain and suffering and $563.55 to satisfy a State
of Arizona Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that
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-00667-UNJ Document 43 Filed 01/18/23 Page 2 of 5
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 the following:
• A lump sum payment of $72,000.00 in the form of a check payable to
Petitioner for actual past pain and suffering. This amount represents
compensation for all damages that would be available under Section 300aa-
15(a)(4); and
• A lump sum payment of $563.55, representing compensation for
satisfaction of the State of Arizona Medicaid lien, payable jointly to
Petitioner and to: Equian, P.O. Box 182643, Columbus, OH 43218. This
amount represents all remaining elements of compensation to which Petitioner
would be entitled under Section 300aa-15(a)(1)(B).
• These amounts represent all elements of compensation to which Petitioner
would be entitled under Section 300aa-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-00667-UNJ Document 43 Filed 01/18/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SAMEER PATEL,
Petitioner, No. 20-667V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 1, 2020, Sameer Patel (“petitioner”), filed a Petition for compensation under the
National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”),
42 U.S.C. §§ 300aa-1 to -34, alleging that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) in his left shoulder as a result of an influenza (“flu”) vaccine
administered on December 22, 2017. Petition at 1. On February 22, 2022, 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, and the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 26; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Sameer Patel should be awarded $72,000.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-00667-UNJ Document 43 Filed 01/18/23 Page 4 of 5
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy a State of Arizona
Medicaid lien in the amount of $563.55, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Arizona may have against
any individual as a result of any Medicaid payments the State of Arizona has made to or on
behalf of petitioner from the date of her eligibility for benefits through the date of judgment in
this case as a result of his alleged vaccine-related injury suffered on or about December 22, 2017,
under Title XIX of the Social Security Act.
The above amounts represent all elements of compensation to which petitioner would be
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 be made through two
lump sum payments as described below:
1) A lump sum payment of $72,000.00 in the form of a check payable to petitioner.1
2) A lump sum payment of $563.55, representing compensation for satisfaction of
the State of Arizona Medicaid lien, payable jointly to petitioner and to:
Equian
P.O. Box 182643
Columbus, OH 43218
Petitioner agrees to endorse this payment to Equian for satisfaction of the Medicaid lien.
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-00667-UNJ Document 43 Filed 01/18/23 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/ Alexa Roggenkamp
ALEXA ROGGENKAMP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4179
alexa.roggenkamp@usdoj.gov
DATED: December 16, 2022
3