VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01328
Package ID: USCOURTS-cofc-1_20-vv-01328
Petitioner: Thomas Roche
Filed: 2022-01-21
Decided: 2022-08-26
Vaccine: influenza
Vaccination date: 2018-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60390

AI-assisted case summary:
Thomas Roche filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 4, 2018. The respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that compensation was appropriate. The respondent confirmed that Petitioner had no prior shoulder issues, that his pain began within 48 hours of vaccination, was limited to the injection site shoulder, and no other condition explained his symptoms. The respondent also agreed that Petitioner met the statutory requirement of suffering the condition for more than six months. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties could not agree on damages for pain and suffering. Petitioner sought $65,000.00, while the respondent recommended $45,000.00. After a hearing, the court awarded Petitioner $60,000.00 for pain and suffering, plus $390.00 for actual unreimbursed expenses, for a total award of $60,390.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01328-0
Date issued/filed: 2022-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/21/2022) regarding 29 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01328-UNJ Document 31 Filed 03/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1328V
UNPUBLISHED
THOMAS ROCHE, Chief Special Master Corcoran
Petitioner,
v. Filed: January 21, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 6, 2020, Thomas Roche 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 alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
October 4, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On January 20, 2022, Respondent filed his Rule 4(c) report in which he states
that he does not contest that Petitioner’s alleged injury is consistent with SIRVA as
defined by the Vaccine Injury Table, and that compensation is appropriate. Specifically,
Petitioner had no recent history of pain, inflammation, or dysfunction in the shoulder at
1 Because this unpublished opinion 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 opinion will be available to anyone with access to the internet.
In accordance with Vaccine Rule 18(b), Petitioners have 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-01328-UNJ Document 31 Filed 03/01/22 Page 2 of 2
issue; the onset of Petitioner’s pain occurred within 48 hours after receipt of 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 symptoms. Respondent further agrees that Petitioner met the
statutory requirements by suffering the condition for more than six months. Rule 4(c)
Report (citing 42 C.F.R. §§ 100.3(a), (c)(10)).
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-01328-1
Date issued/filed: 2022-09-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/26/2022) regarding 39 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01328-UNJ Document 43 Filed 09/26/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1328V
UNPUBLISHED
THOMAS ROCHE, Chief Special Master Corcoran
Petitioner,
v. Filed: August 26, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU);
HUMAN SERVICES, Decision Awarding Damages; Pain
and Suffering; Influenza (Flu);
Respondent. Shoulder Injury Related to Vaccine
Administration (SIRVA).
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 6, 2020, Thomas Roche 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 alleged that he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on
October 4, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters. Because the parties could not informally resolve the
appropriate award for pain and suffering, they were ordered to file briefs setting forth their
respective arguments and were notified that I would resolve this dispute via an expedited
“Motions Day” hearing, which ultimately took place on August 26, 2022.
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-01328-UNJ Document 43 Filed 09/26/22 Page 2 of 2
Petitioner seeks an award of $65,000.00 in compensation for Petitioner’s actual
pain and suffering. Respondent recommends an award of $45,000.00.
After listening to the arguments of both sides, I issued an oral ruling on damages
constituting my findings of fact and conclusions of law, pursuant to Section 12(d)(3)(A),
at the conclusion of the August 26, 2022, hearing. An official recording of the proceeding
was taken by a court reporter, although a transcript has not yet been filed in this matter. I
hereby fully adopt and incorporate that oral ruling as officially recorded.
As referenced during my oral ruling, in another recent decision I discussed at
length the legal standard to be considered in determining damages and prior SIRVA
compensation within SPU. I fully adopt and hereby incorporate my prior discussion in
Sections II and III of Friberg v. Sec’y Health & Hum. Servs., No. 19-1727, 2022 WL
3152827, at *1-4 (Fed. Cl. Spec. Mstr. July 6, 2022) to the instant ruling and decision.
Additionally, the official recording of my oral ruling includes my discussion of various
comparable cases as well as specific facts relating to Petitioner’s medical history and
experience that further informed my decision awarding damages herein.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A), I find that $60,000.00
represents a fair and appropriate amount of compensation for Petitioner’s actual
pain and suffering.3
Accordingly, I award Petitioner a lump sum payment of $60,390.00
(representing $60,000.00 for pain and suffering, plus $390.00 for actual
unreimbursed expenses4) 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.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
4 The parties stipulated to the amount for prior unreimbursed expenses. Joint Status Report (ECF No. 38).
5 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