VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01771
Package ID: USCOURTS-cofc-1_20-vv-01771
Petitioner: Joel Wilson
Filed: 2020-12-07
Decided: 2021-09-17
Vaccine: influenza and Tdap
Vaccination date: 2018-12-13
Condition: brachial neuritis of the left arm and shoulder
Outcome: compensated
Award amount USD: 57493

AI-assisted case summary:
Joel Wilson filed a petition for compensation on December 7, 2020, alleging that he suffered brachial neuritis of his left arm and shoulder as a result of influenza and Tdap vaccines administered on December 13, 2018. Respondent filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent agreed that the case was timely filed, the vaccine was received in the United States, and the petitioner satisfied the statutory severity requirement. A ruling on entitlement was issued on June 28, 2021, finding Petitioner entitled to compensation. Subsequently, on August 17, 2021, Respondent filed a proffer on award of compensation, recommending an award of $57,492.99, comprised of $55,000.00 for pain and suffering and $2,492.99 for past unreimbursable expenses. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding damages on September 17, 2021, granting the lump sum payment of $57,492.99 to Joel Wilson.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01771-0
Date issued/filed: 2021-07-28
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/28/2021) regarding 21 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01771-UNJ Document 26 Filed 07/28/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1771V
UNPUBLISHED
JOEL WILSON, Chief Special Master Corcoran
Petitioner, Filed: June 28, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
Respondent. Influenza (Flu) Vaccine; Brachial
Neuritis
Kathleen Margaret Loucks, Lommen Abdo Law Firm, Minneapolis, MN, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On December 7, 2020, Joel Wilson 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 brachial neuritis of the left arm and
shoulder as a result of influenza (“flu”) and tetanus, diphtheria, and pertussis (“Tdap”)
vaccine administered to him on December 13, 2018. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On June 28, 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 “concluded that [P]etitioner’s claim meets the Table criteria for
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-01771-UNJ Document 26 Filed 07/28/21 Page 2 of 2
SIRVA”. Id. at 4. Respondent further agrees that “the case was timely filed, that the
vaccine was received in the United States, and that [P]etitioner satisfies the statutory
severity requirement by suffering the residual effects or complications of his injury for
more than six months after vaccine administration.” Id. at 5.
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-01771-1
Date issued/filed: 2021-09-17
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/17/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01771-UNJ Document 34 Filed 09/17/21 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1771V
UNPUBLISHED
JOEL WILSON, Chief Special Master Corcoran
Petitioner, Filed: August 17, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Influenza
Respondent. (Flu); Brachial Neuritis
Kathleen Margaret Loucks, Lommen Abdo Law Firm. Minneapolis, MN, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 7, 2020, Joel Wilson 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 brachial neuritis of the left arm and
shoulder as a result of influenza (“flu”) and tetanus, diphtheria, and pertussis (“Tdap”)
vaccines administered to him on December 13, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 28, 2021, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On August 17, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $57,492.99 (comprised
of $55,000.00 for pain and suffering and $2,492.99 for past unreimbursable expenses).
Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with the
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-01771-UNJ Document 34 Filed 09/17/21 Page 2 of 5
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 $$57,492.99 (comprised of $55,000.00 for pain and suffering and
$2,492.99 for past 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 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

Case 1:20-vv-01771-UNJ Document 34 Filed 09/17/21 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOEL WILSON, )
)
Petitioner, )
) No. 20-1771V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On December 7, 2020, Joel Wilson (“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 brachial neuritis of the left shoulder as a result of an
influenza (“flu”) and tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine administered to
him on December 13, 2018.
On June 28, 2021, the Secretary of Health and Human Services (“respondent”) filed a
Vaccine Rule 4(c) Report indicating that this case is appropriate for compensation under the
terms of the Act for a shoulder injury related to vaccine administration (“SIRVA”) Table injury.1
ECF No. 20. On June 28, 2021, the Chief Special Master issued a Ruling on Entitlement finding
petitioner entitled to compensation. ECF No. 21.
1 Respondent does not concede that petitioner suffered brachial neuritis (“BN”) or that any
alleged symptoms of BN were causally related to vaccine administration. Accordingly, the
proffer on award of compensation is limited to petitioner’s SIRVA only.

Case 1:20-vv-01771-UNJ Document 34 Filed 09/17/21 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
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 $2,492.99. 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 following2: a lump sum payment of $57,492.99, in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Joel Wilson: $57,492.99
2 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-01771-UNJ Document 34 Filed 09/17/21 Page 5 of 5
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Wei Kit (Ricky) Tai
WEI KIT (RICKY) TAI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 598-7705
Wei.Tai@usdoj.gov
Dated: August 17, 2021
3