VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01738
Package ID: USCOURTS-cofc-1_20-vv-01738
Petitioner: Michael Gauer
Filed: 2020-12-02
Decided: 2022-06-21
Vaccine: influenza
Vaccination date: 2018-11-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80120

AI-assisted case summary:
Michael Gauer 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) caused by an influenza vaccination he received on November 2, 2018. He further alleged that his shoulder injury had persisted longer than six months and that he had not received any prior compensation. Respondent filed a Rule 4(c) Report and Proffer on Damages, conceding that Petitioner was entitled to compensation. Respondent stated that Petitioner had no prior history of shoulder issues, that his pain and reduced range of motion were limited to the injection site, and that the onset of symptoms occurred within 48 hours of vaccination. The ruling on entitlement was issued on May 11, 2022, finding Petitioner entitled to compensation. Subsequently, on June 21, 2022, a decision awarding damages was issued. Respondent proffered an award of $80,120.00, representing $80,000.00 for pain and suffering and $120.00 for actual unreimbursed expenses, to which Petitioner agreed. The court awarded this lump sum payment as compensation for all damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01738-0
Date issued/filed: 2022-06-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/11/2022) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01738-UNJ Document 32 Filed 06/16/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1738V
UNPUBLISHED
MICHAEL GAUER, Chief Special Master Corcoran
Petitioner, Filed: May 11, 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)
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 2, 2020, Michael Gauer 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”) caused by an influenza vaccination he received on August 31,
2019. Petition at 1. Petitioner further alleges that his shoulder injury has persisted longer
than six months and that he has not received any compensation (award or settlement) for
his injury. Petition at ¶¶7-9. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 11, 2022, Respondent filed his Rule 4(c) Report and Proffer on Damages
(“Rule 4/Proffer”) in which he concedes that Petitioner is entitled to compensation in this
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-01738-UNJ Document 32 Filed 06/16/22 Page 2 of 2
case. Rule 4(c)/Proffer at 6. Specifically, Respondent states that “Petitioner had no
apparent history of pain, inflammation or dysfunction of the affected shoulder prior to
intramuscular vaccine administration that would explain the alleged signs, symptoms,
examination findings and/or diagnostic studies occurring after vaccine injection; he more
likely than not suffered the onset of pain within forty-eight hours of vaccine administration;
his pain and reduced range of motion were limited to the shoulder in which the
intramuscular vaccine was administered; and there is no other condition or abnormality
present that would explain Petitioner’s symptoms.” Id. at 5-6.
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-01738-1
Date issued/filed: 2022-06-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/11/2022) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01738-UNJ Document 33 Filed 06/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1738V
UNPUBLISHED
MICHAEL GAUER, Chief Special Master Corcoran
Petitioner, Filed: May 11, 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)
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 2, 2020, Michael Gauer 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”) caused by an influenza vaccination she received on November
2, 2018. Petition at 1. Petitioner further alleges that his shoulder injury has persisted
longer than six months and that he has not received any compensation (award or
settlement) for his injury. Petition at ¶¶ 7-9. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 11, 2022, Respondent filed a Rule 4(c) Report and Proffer on Damages
(“Rule 4/Proffer”). ECF No. 26. On May 11, 2022, a ruling on entitlement was issued,
finding Petitioner entitled to compensation for a left SIRVA. ECF No. 27. Respondent’s
Rule 4/Proffer indicates that Petitioner should be awarded $80,120.00, representing
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-01738-UNJ Document 33 Filed 06/21/22 Page 2 of 2
$80,000.00 as an award for pain and suffering and $120.00 as an award for actual
unreimbursed expenses. Rule 4/Proffer at 6. In the Rule 4/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 Rule 4/Proffer, I award Petitioner a lump sum
payment of $80,120.00 (representing $80,000.00 in pain and suffering and $120.00
in unreimbursed 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 the 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