VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00482
Package ID: USCOURTS-cofc-1_21-vv-00482
Petitioner: Tony Lee Vernon
Filed: 2021-01-11
Decided: 2023-04-28
Vaccine: influenza
Vaccination date: 2019-10-31
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 90782

AI-assisted case summary:
Tony Lee Vernon filed a petition for compensation on January 11, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2019. He stated that his injury was a defined Table injury and that he experienced residual effects for more than six months. The respondent filed a Rule 4(c) report on December 30, 2022, conceding that Mr. Vernon was entitled to compensation because his condition met the criteria for SIRVA on the Vaccine Injury Table. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on December 30, 2022, finding Mr. Vernon entitled to compensation. Subsequently, on March 28, 2023, the parties filed a proffer on award of compensation. The respondent proffered an award of $90,782.80, consisting of $90,000.00 for past pain and suffering and $782.80 for out-of-pocket expenses, which Mr. Vernon agreed to. A decision awarding damages was issued on April 28, 2023, granting the lump sum payment of $90,782.80 to Mr. Vernon.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00482-0
Date issued/filed: 2023-01-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/30/2022) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00482-UNJ Document 30 Filed 01/31/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0482V
UNPUBLISHED
TONY LEE VERNON, Chief Special Master Corcoran
Petitioner, Filed: December 30, 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)
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 11, 2021, Tony Lee Vernon 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 shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on
October 31, 2019. Petition at ¶¶ 2, 10(a). In the alternative, he alleges that his shoulder
injury was caused by the flu vaccine. Id. at ¶¶ 10(a)-(b). Petitioner further alleges that he
received the vaccine within the United States, that he suffered the residual effects of his
injury for more than six months, and that neither he nor any other party has filed a civil
action or received compensation for his injury. Id. at ¶¶ 2, 6-7, 10(c). The case was
assigned to the Special Processing Unit of the Office of Special Masters.
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 1:21-vv-00482-UNJ Document 30 Filed 01/31/23 Page 2 of 2
On December 30, 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 “that [P]etitioner has satisfied the criteria set forth
om the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
(“QAI”) for SIRVA”. Id. at 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_21-vv-00482-1
Date issued/filed: 2023-04-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 03/28/2023) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00482-UNJ Document 38 Filed 04/28/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0482V
UNPUBLISHED
TONY LEE VERNON, Chief Special Master Corcoran
Petitioner, Filed: March 28, 2023
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)
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 11, 2021, Tony Lee Vernon 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 shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, after receiving the influenza vaccine on
October 31, 2019. Petition at ¶¶ 2, 10(a). The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 30, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for his SIRVA. On March 28, 2023, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $90,782.80,
representing compensation in the amounts of $90,000.00 for past pain and suffering and
$782.80 for out-of-pocket expenses. Proffer at 2. In the Proffer, Respondent represented
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 1:21-vv-00482-UNJ Document 38 Filed 04/28/23 Page 2 of 5
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 $90,782.80, representing compensation in the amounts of
$90,000.00 for past pain and suffering and $782.80 for out-of-pocket 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-00482-UNJ Document 38 Filed 04/28/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
TONY LEE VERNON, )
)
Petitioner, ) No. 21-482V ECF
)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On January 11, 2021, Tony Lee Vernon (“petitioner”) filed a petition for compensation
(“Pet.”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), as amended. Petitioner alleged that he suffered from a left Shoulder
Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”)
vaccination administered on October 31, 2019. Pet. at 2. On December 30, 2022, respondent
filed his Vaccine Rule 4(c) Report, concluding that petitioner suffered from SIRVA as defined
by the Vaccine Injury Table, within the Table timeframe. ECF No. 27. The same day, Chief
Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a SIRVA Table injury. ECF No. 28.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:21-vv-00482-UNJ Document 38 Filed 04/28/23 Page 4 of 5
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $90,782.80, consisting of $90,000.00 for past pain and suffering and $782.80 for
out-of-pocket expenses. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
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 $90,782.80 in
the form of a check payable to petitioner.2 Petitioner agrees.
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:21-vv-00482-UNJ Document 38 Filed 04/28/23 Page 5 of 5
s/ Joseph A. Lewis
JOSEPH A. LEWIS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146,
Benjamin Franklin Station
Washington, D.C. 20044-0146
T: (202) 451-7495
E: joseph.a.lewis@usdoj.gov
DATED: March 28, 2023
3