VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01413
Package ID: USCOURTS-cofc-1_20-vv-01413
Petitioner: Thomas Tallett
Filed: 2020-10-19
Decided: 2022-04-05
Vaccine: influenza
Vaccination date: 2018-09-26
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Thomas Tallett 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 receiving the influenza vaccine on September 26, 2018. The respondent conceded that Mr. Tallett was entitled to compensation, agreeing that he suffered a SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that Mr. Tallett had no prior history of shoulder issues, his pain began within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. The respondent further agreed that the condition's residual effects lasted more than six months. Based on this concession, the Chief Special Master ruled that Mr. Tallett was entitled to compensation. Subsequently, the parties reached a stipulation for damages. Mr. Tallett, an adult, was awarded a lump sum payment of $45,000.00 for pain and suffering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01413-0
Date issued/filed: 2022-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2022) 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-01413-UNJ Document 28 Filed 03/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1413V
UNPUBLISHED
THOMAS TALLETT, Chief Special Master Corcoran
Petitioner,
v. Filed: January 24, 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.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 19, 2020, Thomas Tallett 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 the administration of the influenza (“flu”) vaccine on
September 26, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 21, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case because she suffered a SIRVA as
defined by the Vaccine Injury Table. Respondent’s Rule 4(c) Report at 1, 2-3. Specifically,
Petitioner had no history of pain, inflammation, or dysfunction of the affected shoulder
that would explain the alleged signs, symptoms, examination findings, and/or diagnostic
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-01413-UNJ Document 28 Filed 03/01/22 Page 2 of 2
studies occurring after vaccination; Petitioner’s pain began within 48 hours after
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 left shoulder pain. Id. at 6. Respondent further agrees that Petitioner suffered
the residual effects of her condition for more than six months. 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-01413-1
Date issued/filed: 2022-04-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/01/2022) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01413-UNJ Document 32 Filed 04/05/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1413V
UNPUBLISHED
THOMAS TALLETT, Chief Special Master Corcoran
Petitioner, Filed: March 1, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 19, 2020, Thomas Tallett 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 the administration of the influenza (“flu”) vaccine on
September 26, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 24, 2022, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for a left SIRVA. On March 1, 2022, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $45,000.00. Proffer
at 2. In the Proffer, Respondent represented that Petitioner agrees with the proffered
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-01413-UNJ Document 32 Filed 04/05/22 Page 2 of 5
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, Petitioner is awarded a lump
sum payment of $45,000.00, for pain and suffering, 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-01413-UNJ Document 32 Filed 04/05/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
THOMAS TALLETT, )
)
Petitioner, )
) No. 20-1413V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On January 21, 2022, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner sustained the onset of a left shoulder injury related to vaccine administration
(“SIRVA”) within the Table time period following an influenza (“flu”) vaccine, and therefore
sustained an injury that is compensable under the terms of the National Childhood Vaccine
Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. ECF No. 23. Accordingly, on
January 24, 2022, the Chief Special Master issued a Ruling on Entitlement, finding that
petitioner was entitled to vaccine compensation for SIRVA following the flu vaccine he received
on September 26, 2018. ECF No. 24.
II. Items of Compensation
Respondent proffers that petitioner should be awarded $45,000.00 for pain and suffering.
This represents all elements of compensation to which petitioner is entitled under 42 U.S.C. §
300aa-15(a). Petitioner agrees.

Case 1:20-vv-01413-UNJ Document 32 Filed 04/05/22 Page 4 of 5
III. 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 following1: a lump sum payment of $45,000.00, in the form of a
check payable to petitioner.
IV. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Thomas Tallett: $45,000.00
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
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 pain and
suffering.
2

Case 1:20-vv-01413-UNJ Document 32 Filed 04/05/22 Page 5 of 5
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Christine.m.becer@usdoj.gov
DATED: March 1, 2022
3