VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00426
Package ID: USCOURTS-cofc-1_21-vv-00426
Petitioner: Richard Lamport
Filed: 2021-01-08
Decided: 2023-08-04
Vaccine: influenza
Vaccination date: 2020-09-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 93427

AI-assisted case summary:
Richard Lamport filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in his left shoulder on September 10, 2020. He stated the vaccine was administered in the United States and his injuries lasted longer than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Lamport was entitled to compensation. The respondent agreed that Mr. Lamport met the criteria set forth in the Vaccine Injury Table for SIRVA, had timely filed his case, received the vaccine in the U.S., and satisfied the statutory severity requirement. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $93,427.45, which included $90,000.00 for pain and suffering and $3,427.45 for past unreimbursable expenses. Mr. Lamport agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Lamport the lump sum of $93,427.45.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00426-0
Date issued/filed: 2023-06-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/24/2023) regarding 39 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00426-UNJ Document 44 Filed 06/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0426V
UNPUBLISHED
RICHARD LAMPORT, Chief Special Master Corcoran
Petitioner, Filed: May 24, 2023
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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 8, 2021, Richard Lamport filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On August 13, 2021, Petitioner filed an amended petition. Petitioner
alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza (“flu”) vaccine received in his left shoulder on September 10,
2020. Amended Petition at 1. Petitioner further alleges that the vaccine was administered
in the United States, his vaccine-related injuries have lasted longer than six months, and
he has not filed a civil action or received compensation in the form of an award or
1 Because this unpublished 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-00426-UNJ Document 44 Filed 06/29/23 Page 2 of 2
settlement for his vaccine-related injuries. Amended Petition at ¶¶ 6, 26-28. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On May 23, 2023, 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 has satisfied the criteria set forth in the
Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA.” Id. at
8-9. Respondent further agrees that “the records show that petitioner timely filed his case,
that he received the flu vaccine in the United States, and that he satisfies the statutory
severity requirement by suffering the residual effects or complications of his SIRVA for
more than six months after vaccine administration.” Id. at 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
2

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DOCUMENT 2: USCOURTS-cofc-1_21-vv-00426-1
Date issued/filed: 2023-08-04
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/30/2023) regarding 45 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:21-vv-00426-UNJ Document 49 Filed 08/04/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0426V
RICHARD LAMPORT, Chief Special Master Corcoran
Petitioner, Filed: June 30, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 8, 2021, Richard Lamport filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On August 13, 2021, Petitioner filed an amended petition. Petitioner
alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”)
resulting from an influenza (“flu”) vaccine received in his left shoulder on September 10,
2020. Amended Petition at 1. Petitioner further alleges that the vaccine was administered
in the United States, his vaccine-related injuries have lasted longer than six months, and
he has not filed a civil action or received compensation in the form of an award or
settlement for his vaccine-related injuries. Amended Petition at ¶¶ 6, 26-28. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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-00426-UNJ Document 49 Filed 08/04/23 Page 2 of 5
On May 24, 2023, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On June 28, 2023, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $93,427.45. Proffer at
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 $93,427.45 (comprised of $90,000.00 in pain and suffering and
$3,427.45 in 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 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-00426-UNJ Document 49 Filed 08/04/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
RICHARD LAMPORT, )
)
Petitioner, ) No. 21-426V (ECF)
) Chief Special Master Brian H. Corcoran
v. )
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 8, 2021, Richard Lamport (“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 August 13, 2021, petitioner filed an amended petition for
compensation (“Amended Petition” or “Am. 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 vaccination that he received on September 10, 2020.
Am. Petition at 1. On May 23, 2023, the Secretary of Health and Human Services
(“respondent”) filed a Rule 4(c) Report recommending that this case is appropriate for
compensation under the terms of the Act for a SIRVA Table injury. ECF No. 38. On May 24,
2023, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to
compensation. ECF No. 39.

Case 1:21-vv-00426-UNJ Document 49 Filed 08/04/23 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $90,000.00 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 $3,427.45. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees to accept this amount.
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 following: a lump sum payment of $93,427.45, in the form of a
check payable to petitioner.1
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Richard Lamport: $93,427.45
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 unreimbursed
expenses, future lost earnings, and future pain and suffering.
2

Case 1:21-vv-00426-UNJ Document 49 Filed 08/04/23 Page 5 of 5
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
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
/s/ Rachelle P. Bishop
RACHELLE P. BISHOP
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202)616-3662
Rachelle.P.Bishop@usdoj.gov
DATED: June 28, 2023
3