VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00297
Package ID: USCOURTS-cofc-1_21-vv-00297
Petitioner: Floyd Meyer
Filed: 2021-01-07
Decided: 2023-11-20
Vaccine: influenza
Vaccination date: 2020-09-24
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 192608

AI-assisted case summary:
Floyd Meyer 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) after receiving an influenza vaccine on September 24, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that the petitioner's alleged injury was consistent with SIRVA, a defined Table injury, and that he had satisfied all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued, finding Mr. Meyer entitled to compensation. The parties then filed a proffer on award of compensation, indicating that Mr. Meyer should be awarded $192,608.79, which included $190,000.00 for pain and suffering and $2,608.79 for past unreimbursable expenses. Mr. Meyer agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Meyer the lump sum payment of $192,608.79, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00297-0
Date issued/filed: 2023-09-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/08/2023) regarding 33 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00297-UNJ Document 35 Filed 09/07/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0297V
FLOYD MEYER, Chief Special Master Corcoran
Petitioner, Filed: August 8, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 7, 2021 Floyd Meyer (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). She filed an amended petition on July 26, 2022. ECF No. 20.
Petitioner alleges that he suffered a left shoulder injury related to vaccine administration
(“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine on
September 24, 2020. Amended Petition at 1, ¶¶ 1, 12. Petitioner further alleges that
neither he nor any other party has filed a civil case or received compensation for his
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00297-UNJ Document 35 Filed 09/07/23 Page 2 of 2
SIRVA injury. Id. at ¶ 13. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 5, 2023, Respondent filed a 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 believes “that [P]etitioner’s alleged injury is consistent with
SIRVA as defined by the Vaccine Injury Table.” Id. at 9-10. Respondent further believes
that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites
for compensation under the Act.” Id. at 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_21-vv-00297-1
Date issued/filed: 2023-11-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/20/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00297-UNJ Document 42 Filed 11/20/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0297V
FLOYD MEYER, Chief Special Master Corcoran
Petitioner, Filed: October 20, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 7, 2021 Floyd Meyer (“Petitioner”) filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). He filed an amended petition on July 26, 2022. ECF No. 20. Petitioner
alleges that he suffered a left shoulder injury related to vaccine administration (“SIRVA”),
a defined Table injury, after receiving an influenza (“flu”) vaccine on September 24, 2020.
Amended Petition at 1, ¶¶ 1, 12. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On August 8, 2023, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for his SIRVA. On October 20, 2023, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $192,608.79,
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018).

Case 1:21-vv-00297-UNJ Document 42 Filed 11/20/23 Page 2 of 5
representing $190,000.00 for pain and suffering and $2,608.79 for past unreimbursable
expenses. Proffer at 1-2. In the 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 attached Proffer, I award Petitioner a lump
sum payment of $192,608.79, representing $190,000.00 for pain and suffering and
$2,608.79 for 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 1:21-vv-00297-UNJ Document 42 Filed 11/20/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
FLOYD MEYER,
Petitioner,
Case No. 21-297V (SPU)
v. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 7, 2021, Floyd Meyer (“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”). On July 26, 2022, petitioner filed an amended petition (“Amended Petition”) 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 September
24, 2020. Petition at 1. On August 5, 2023, 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, ECF No. 32, and on August 8, 2023, the
Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation.
ECF No. 33.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $190,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:21-vv-00297-UNJ Document 42 Filed 11/20/23 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 $2,608.79. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These 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 $192,608.79, in the form of a
check payable to the petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to the petitioner, Floyd Meyer: $192,608.79
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
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.
2

Case 1:21-vv-00297-UNJ Document 42 Filed 11/20/23 Page 5 of 5
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Ryan Pohlman Miller
RYAN POHLMAN MILLER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station Washington,
D.C. 20044-0146
Tel: (202) 305-3027
Email: ryan.miller2@usdoj.gov
Date: October 20, 2023
3