VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01593
Package ID: USCOURTS-cofc-1_20-vv-01593
Petitioner: Seth M. Niesen
Filed: 2020-11-16
Decided: 2022-09-06
Vaccine: influenza
Vaccination date: 2020-02-27
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 151111

AI-assisted case summary:
Seth M. Niesen filed a petition for compensation on November 16, 2020, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on February 27, 2020. The respondent conceded that Mr. Niesen was entitled to compensation, agreeing that he had no prior history of shoulder issues that would explain his post-vaccination symptoms, that his pain and reduced range of motion were limited to his right shoulder, and that the injury persisted for more than six months. A ruling on entitlement was issued on February 22, 2022, finding Mr. Niesen entitled to compensation. Subsequently, on August 3, 2022, the respondent filed a proffer recommending an award of $151,111.58, which included $150,000.00 for pain and suffering and $1,111.58 for past unreimbursable expenses. Mr. Niesen, a competent adult, agreed with this proffered award. On September 6, 2022, the court issued a decision awarding Mr. Niesen the stipulated lump sum of $151,111.58.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01593-0
Date issued/filed: 2022-03-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/22/2022) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01593-UNJ Document 29 Filed 03/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1593V
UNPUBLISHED
SETH M. NIESEN, Chief Special Master Corcoran
Petitioner, Filed: February 22, 2022
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)
Matthew Menzer, Menzer Law Firm, PLLC, Seattle, WA, for Petitioner.
Catherine Stolar, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On November 16, 2020, Seth Niesen 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 he suffered a right shoulder injury related to vaccine
administration (SIRVA) resulting from an influenza (“flu”) vaccination received on
February 27, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On February 22, 2022, 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 of the affected shoulder prior to his vaccination that would explain the alleged
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-01593-UNJ Document 29 Filed 03/30/22 Page 2 of 2
symptoms and examination findings occurring after vaccination;3 Petitioner more likely
than not suffered the onset of pain within 48 hours of vaccination; Petitioner’s pain and
reduced range of motion were limited to his right shoulder; and there is no other condition
or abnormality present that would explain Petitioner’s symptoms. Id. at 8. Respondent
further agrees that Petitioner satisfies the statutory severity requirement by suffering the
residual effects or complications of his injury for more than six months after vaccination.
Id. at 8-9.
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
3 In his Rule 4 report, Respondent notes that although Petitioner had a history of prior right shoulder pain
after a bike accident in 2019, this pain appeared to have resolved prior to his vaccination, and thus does
not preclude Petitioner from meeting the Table criteria. ECF 25 at 8 n.4 (citing Ex 2 at 322-23).
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-01593-1
Date issued/filed: 2022-09-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/04/2022) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made. Modified on 11/1/2022 (vds).
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Case 1:20-vv-01593-UNJ Document 40 Filed 09/06/22 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1593V
UNPUBLISHED
SETH M. NIESEN, Chief Special Master Corcoran
Petitioner, Filed: August 4, 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)
Matthew Menzer, Menzer Law Firm, PLLC, Seattle, WA, for Petitioner.
Catherine Stolar, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On November 16, 2020, Seth Niesen 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 he suffered a right shoulder injury related to vaccine
administration (SIRVA) resulting from an influenza (“flu”) vaccination received on
February 27, 2020. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On February 22, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. On August 3, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $151,111.58,
representing compensation in the amounts of $150,000.00 for his pain and suffering and
$1,111.58 for his past unreimbursable expenses. Proffer at 1-2. In the Proffer,
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-01593-UNJ Document 40 Filed 09/06/22 Page 2 of 5
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 Petitioner a lump
sum payment of $151,111.58, representing compensation in the amounts of
$150,000.00 for his pain and suffering and $1,111.58 for his actual unreimbursable
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-01593-UNJ Document 40 Filed 09/06/22 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SETH M. NIESEN, )
)
Petitioner, )
) No. 20-1593V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 16, 2020, Seth M. Niesen (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine he received on February 27, 2020. Petition at 1. On February 22, 2022, 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 for a SIRVA Table injury,
and subsequently, the Chief Special Master issued a Ruling on Entitlement finding petitioner
entitled to compensation. ECF No. 25; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $150,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:20-vv-01593-UNJ Document 40 Filed 09/06/22 Page 4 of 5
B. Past Unreimbursable 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 past
unreimbursable expenses in the amount of $1,111.58. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
The above amounts represent all elements of compensation to which petitioner is 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 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 $151,111.58, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Seth M. Niesen: $151,111.58
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
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-01593-UNJ Document 40 Filed 09/06/22 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Catherine E. Stolar
CATHERINE E. STOLAR
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) 353-3299
Fax: (202) 616-4310
Email: catherine.stolar@usdoj.gov
DATED: August 3, 2022
3