VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00937
Package ID: USCOURTS-cofc-1_20-vv-00937
Petitioner: Carl Carnes
Filed: 2020-07-31
Decided: 2022-08-29
Vaccine: influenza
Vaccination date: 2019-09-21
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 122671

AI-assisted case summary:
Carl Carnes filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on September 21, 2019. The respondent conceded entitlement, stating that Mr. Carnes had no prior history of shoulder issues, his pain occurred within 48 hours after the vaccination, the pain was limited to the vaccinated shoulder, and no other condition explained the pain. The respondent also agreed that no other causes were identified and the six-month sequela requirement was met. A ruling on entitlement was issued on November 2, 2021, finding Mr. Carnes entitled to compensation. Subsequently, on July 12, 2022, the respondent filed a proffer on award of compensation. The court awarded Mr. Carnes $122,671.93, which included $118,500.00 for pain and suffering, $2,877.44 for past unreimbursable expenses, and $1,294.49 to satisfy a State of Ohio Medicaid lien. Mr. Carnes is a competent adult and agreed with the proffered award.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00937-0
Date issued/filed: 2021-12-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/02/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00937-UNJ Document 27 Filed 12/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0937V
UNPUBLISHED
CARL CARNES, Chief Special Master Corcoran
Petitioner, Filed: November 2, 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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On July 31, 2020, Carl Carnes 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) as a result of an influenza (“flu”) vaccination on September 21,
2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 2, 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 states that Petitioner had no history of pain, inflammation, or
dysfunction of his left shoulder; Petitioner’s pain occurred within 48 hours after receipt of
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-00937-UNJ Document 27 Filed 12/03/21 Page 2 of 2
an intramuscular vaccination; Petitioner’s 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 7. Respondent further agrees that no other
causes for Petitioner’s SIRVA were identified and 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-00937-1
Date issued/filed: 2022-08-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 07/28/2022) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-00937-UNJ Document 40 Filed 08/29/22 Page 1 of 5
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0937V
UNPUBLISHED
CARL CARNES, Chief Special Master Corcoran
Petitioner, Filed: July 28, 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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On July 31, 2020, Carl Carnes 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) as a result of an influenza (“flu”) vaccination on September 21,
2019. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 2, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. ECF No. 24. On July 12, 2022, Respondent filed
a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded
$122,671.93 representing compensation in the amount of $118,500.00 for his actual pain
and suffering, $2,877.44 for his past unreimbursable expenses, and $1,294.49 for
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-00937-UNJ Document 40 Filed 08/29/22 Page 2 of 5
satisfaction of the State of Ohio Medicaid lien. Proffer at 1-2. In the Proffer, 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 $122,671.93 as
follows:
1. A lump sum payment of $121,377.44, representing $118,500.00 for his actual
pain and suffering and $2,877.44 for his actual unreimbursable expenses in
the form of a check payable to Petitioner; and
2. A lump sum payment of $1,294.49, representing reimbursement of a
Medicaid lien for services rendered to Petitioner by the State of Ohio, in the
form of a check payable jointly to Petitioner and to:
Treasurer, State of Ohio
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
Proffer at 2-3. Petitioner agrees to endorse the check to the Treasurer of the State of
Ohio for satisfaction of the Medicaid lien. This amount represents compensation for all
items of damages that would be available under Section 15(a). Id.
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-00937-UNJ Document 40 Filed 08/29/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CARL CARNES,
Petitioner,
No. 20-937V
v.
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 31, 2020, Carl Carnes (“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 September
21, 2019. Petition at 1. On November 2, 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, and the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 23; ECF No. 24.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Carl Carnes should be awarded $118,500.00 in actual pain and
suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past, Unreimbursible 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

Case 1:20-vv-00937-UNJ Document 40 Filed 08/29/22 Page 4 of 5
$2,877.44 in past, unreimbursible expenses. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner
agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy a State of Ohio
Medicaid lien in the amount of $1,294.49, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any
individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of
petitioner from the date of his eligibility for benefits through the date of judgment in this case as
a result of his alleged vaccine-related injury suffered on or about September 21, 2019, 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 $121,377.44 in the form of a check payable to
petitioner.1
2) A lump sum payment of $1,294.49, representing compensation for satisfaction of
the State of Ohio Medicaid lien, payable jointly to petitioner and to:
Treasurer, State of Ohio
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
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-00937-UNJ Document 40 Filed 08/29/22 Page 5 of 5
Petitioner agrees to endorse this payment to the Treasurer of the State of Ohio for
satisfaction of the Medicaid lien.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
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: July 12, 2022
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