VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00995
Package ID: USCOURTS-cofc-1_20-vv-00995
Petitioner: Scott Smith
Filed: 2021-10-13
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2018-10-18
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 78354

AI-assisted case summary:
Scott Smith, an adult, received an influenza vaccine on October 18, 2018. Within 48 hours, he developed right shoulder pain and a reduced range of motion, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA). He filed a petition for compensation on October 13, 2021, alleging the injury resulted from the vaccine. The respondent conceded entitlement, agreeing that Mr. Smith had no prior shoulder issues, his symptoms began shortly after vaccination, were limited to the injection site, and no other cause was identified. The respondent further agreed that the injury met the criteria for a Table claim. A ruling on entitlement was issued on October 13, 2021, finding Mr. Smith entitled to compensation. Subsequently, on April 13, 2022, the parties submitted a proffer for damages. Chief Special Master Corcoran issued a decision awarding Mr. Smith $78,354.01 in total compensation, comprising $77,500.00 for pain and suffering and $854.01 for past unreimbursable medical expenses.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-00995-0
Date issued/filed: 2021-11-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/13/2021) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00995-UNJ Document 30 Filed 11/22/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0995V
UNPUBLISHED
SCOTT SMITH, Chief Special Master Corcoran
Petitioner, Filed: October 13, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 10, 2020, Scott Smith 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 right shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on October 18,
2018. Petition at 1. Petitioner further alleges that the vaccine was administered in the
United States, his injuries continued for more than six months, and neither he nor any
other party has received compensation in the form of a civil award or settlement for his
vaccine-related injuries. Petition at ¶¶ 2, 14-15. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-00995-UNJ Document 30 Filed 11/22/21 Page 2 of 2
On October 12, 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 had no history of pain, inflammation, or
dysfunction in his right 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 thus agrees that that
Petitioner has satisfied the criteria in the Vaccine Injury Table and Qualifications and Aids
to Interpretation. 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-00995-1
Date issued/filed: 2022-05-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/14/2022) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-00995-UNJ Document 39 Filed 05/23/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-995V
UNPUBLISHED
SCOTT SMITH, Chief Special Master Corcoran
Petitioner, Filed: April 14, 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.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On August 10, 2020, Scott Smith 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 right shoulder injuries related to vaccine
administration (SIRVA) resulting from the influenza (flu) vaccine he received on October
18, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 13, 2021, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On April 13, 2022, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $78,354.01, including
$77,500.00 for Petitioner’s pain and suffering, and $854.01 for past unreimbursable
out-of-pocket medical expenses. Proffer at 1. 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-00995-UNJ Document 39 Filed 05/23/22 Page 2 of 4
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 $78,354.01, including $77,500.00 for Petitioner’s pain and
suffering, and $854.01 for past unreimbursable out of-pocket medical 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 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-00995-UNJ Document 39 Filed 05/23/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SCOTT SMITH, )
)
Petitioner, ) No. 20-995V
) Chief Special Master
v. ) Brian Corcoran
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On August 10, 2020, Scott Smith (“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. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on October 12, 2021. ECF No. 26. Based on
Respondent’s Rule 4(c) Report, on October 13, 2021, Chief Special Master Corcoran found
petitioner entitled to compensation for his right shoulder SIRVA injury. ECF No. 28.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$78,354.01. The award is comprised of $77,500.00 for petitioner’s pain and suffering and
$854.01 for past unreimbursable out-of-pocket medical expenses. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
agrees.

Case 1:20-vv-00995-UNJ Document 39 Filed 05/23/22 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $78,354.01, in the form of a check made payable to petitioner. 1
Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
Althea.Davis@usdoj.gov
DATED: April 13, 2022
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.
2