VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00763
Package ID: USCOURTS-cofc-1_20-vv-00763
Petitioner: James Sokol
Filed: 2021-10-26
Decided: 2022-02-09
Vaccine: influenza
Vaccination date: 2018-10-04
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 100463

AI-assisted case summary:
On June 24, 2020, James Sokol filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury related to the administration of an influenza vaccine he received on October 4, 2018. Mr. Sokol alleged that his injuries lasted more than six months and that he had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 25, 2021, conceding that Mr. Sokol was entitled to compensation. The respondent stated that Mr. Sokol had no prior history of pain, inflammation, or dysfunction in his left shoulder, that his pain and reduced range of motion occurred within 48 hours of receiving the intramuscular vaccination, that his symptoms were limited to the shoulder where the vaccine was administered, and that no other condition or abnormality was identified to explain his symptoms. The respondent further agreed that the scope of damages should be limited to Mr. Sokol's Shoulder Injury Related to Vaccine Administration (SIRVA) and its related sequelae. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 26, 2021, finding Mr. Sokol entitled to compensation. Subsequently, on January 24, 2022, the parties submitted a proffer on the award of compensation. The respondent proffered that Mr. Sokol should be awarded $100,463.05, consisting of $97,500.00 for pain and suffering and $2,963.05 for past unreimbursable expenses. Mr. Sokol agreed with this proffered award. On February 9, 2022, Chief Special Master Corcoran issued a Decision awarding Mr. Sokol a lump sum payment of $100,463.05, payable to him as a competent adult. The award was for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.

Theory of causation field:
Petitioner James Sokol received an influenza vaccine on October 4, 2018. He alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) in his left shoulder, with symptoms occurring within 48 hours of vaccination, limited to the affected shoulder, and lasting more than six months. The respondent conceded that the injury met the criteria for a Table injury, specifically SIRVA, and that no other condition explained the symptoms. Entitlement was granted on October 26, 2021, by Chief Special Master Brian H. Corcoran. A proffer on damages was filed on January 24, 2022, agreeing to an award of $100,463.05, comprising $97,500.00 for pain and suffering and $2,963.05 for past unreimbursable expenses. The award was made as a lump sum payment to the competent adult petitioner on February 9, 2022. Petitioner was represented by Danielle Strait, and Respondent was represented by Kimberly Shubert Davey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00763-0
Date issued/filed: 2021-12-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/26/2021) 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-00763-UNJ Document 32 Filed 12/01/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0763V
UNPUBLISHED
JAMES SOKOL, Chief Special Master Corcoran
Petitioner, Filed: October 26, 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)
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On June 24, 2020, James Sokol 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
administration of an influenza (“flu”) vaccine he received on October 4, 2018. Petition at
¶22. Petitioner further alleges that his injuries have lasted more than six months and that
he has not received compensation in the form of an award or settlement for his alleged
injury. Petition at ¶¶21, 30. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 25, 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 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-00763-UNJ Document 32 Filed 12/01/21 Page 2 of 2
1. Specifically, Respondent “had no history of pain, inflammation or dysfunction in his left
shoulder; his pain and reduced range of motion occurred within 48 hours of receipt of an
intramuscular vaccination; his symptoms were limited to the shoulder in which the vaccine
was administered; and no other condition or abnormality was identified to explain his
symptoms.” Id. at 5. Respondent further agrees that “the scope of damages to be awarded
is limited to Petitioner’s SIRVA and its related sequelae only.” 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-00763-1
Date issued/filed: 2022-02-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 01/24/2022) 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-00763-UNJ Document 42 Filed 02/09/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0763V
UNPUBLISHED
J.S., Chief Special Master Corcoran
Petitioner, Filed: January 24, 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)
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On June 24, 2020, J.S. 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 as a result of an influenza
(“flu”) vaccine he received on October 4, 2018. Petition at ¶¶ 5. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On October 26, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a Table SIRVA. On January 24, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $100,463.05,
representing $97,500.00 for actual pain and suffering and $2,963.05 in past
unreimbursable expenses. Proffer at II. 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-00763-UNJ Document 42 Filed 02/09/22 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 Petitioner a lump
sum payment of $100,463.05 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-00763-UNJ Document 42 Filed 02/09/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
J S , )
Petitioner, )
) No. 20-763V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 24, 2020, J S (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. Petitioner alleged that he suffered a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to
him on October 4, 2018. Petition at 1, 5. On October 25, 2021, the Secretary of Health and
Human Services (“respondent”) filed a Rule 4(c) Report recommending that compensation be
awarded. ECF No. 27. On October 26, 2021, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 28.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $97,500.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure for past unreimbursable
expenses related to his vaccine-related injury. Respondent proffers that petitioner should be
1

Case 1:20-vv-00763-UNJ Document 42 Filed 02/09/22 Page 4 of 5
awarded past unreimbursable expenses in the amount of $2,963.05, as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). 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 $100,463.05, representing
compensation for actual pain and suffering ($97,500.00) and past unreimbursable expenses
($2,963.05) in the form of a check payable to petitioner, J S Petitioner agrees.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, J S $ 100,463.05
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
2

Case 1:20-vv-00763-UNJ Document 42 Filed 02/09/22 Page 5 of 5
/s/ Kimberly S. Davey
KIMBERLY S. DAVEY
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) 307-1815
Kimberly.Davey@usdoj.gov
DATED: January 24, 2022
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