VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00761 Package ID: USCOURTS-cofc-1_21-vv-00761 Petitioner: Dillan Conrad Filed: 2021-01-15 Decided: 2023-03-20 Vaccine: influenza Vaccination date: 2019-10-16 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 162500 AI-assisted case summary: Dillan Conrad filed a petition for compensation under the National Vaccine Injury Compensation Program on January 15, 2021, alleging he developed a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 16, 2019. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation in a Rule 4(c) report filed on December 15, 2022. The respondent concluded that Mr. Conrad's alleged injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on December 20, 2022, finding Mr. Conrad entitled to compensation. Subsequently, on February 15, 2023, the respondent filed a proffer on award of damages, proposing an award of $162,500.00. Mr. Conrad agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Conrad a lump sum payment of $162,500.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00761-0 Date issued/filed: 2023-01-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 12/20/2022) regarding 46 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00761-UNJ Document 49 Filed 01/25/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-761V UNPUBLISHED DILLAN CONRAD, Chief Special Master Corcoran Petitioner, Filed: December 20, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On January 15, 2021, Dillan Conrad 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 developed a right shoulder injury related to vaccine administration (“SIRVA”) after he received an influenza (“flu”) vaccination on October 16, 2019. Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that he suffered from the sequalae of his injury for more than six months, and that he has never received compensation in the form of an award or settlement for his injury. Petition at 1-2. 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-00761-UNJ Document 49 Filed 01/25/23 Page 2 of 2 On December 15, 2022, R espondent 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 has concluded that Petitioner’s alleged injury is consistent with a SIRVA as defined by the Vaccine Injury Table. Id. at 8. Respondent further agrees that Petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act. Id. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_21-vv-00761-1 Date issued/filed: 2023-03-20 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 02/16/2023) regarding 52 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00761-UNJ Document 59 Filed 03/20/23 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-761V UNPUBLISHED DILLAN CONRAD, Chief Special Master Corcoran Petitioner, Filed: February 16, 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) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 15, 2021, Dillan Conrad 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”) caused by an October 16, 2018 influenza vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On December 20, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for a SIRVA. On February 15, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $162,500.00. Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees 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-00761-UNJ Document 59 Filed 03/20/23 Page 2 of 4 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 $162,500.00 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-00761-UNJ Document 59 Filed 03/20/23 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) DILLAN CONRAD, ) ) Petitioner, ) ) No. 21-761V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) RESPONDENT’S PROFFER ON AWARD OF DAMAGES On December 15, 2022, respondent, the Secretary of Health and Human Services, filed his Rule 4(c) Report conceding entitlement to compensation in this matter alleging a Shoulder Injury Related to Vaccine Administration following an influenza vaccination. On December 20, 2022, the Court entered its Ruling on Entitlement, finding petitioner Dillan Conrad entitled to Vaccine Act compensation. Respondent now proffers that petitioner receive a compensation award consisting of a lump sum of $162,500.00 for pain and suffering, in the form of a check payable to petitioner, Dillan Conrad.1 This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.2 Petitioner agrees with the proffered award of $162,500.00.3 1 Petitioner is a competent adult. No guardianship is required. 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. 3 This proffer does not include any award for attorneys’ fees and costs that may be awarded pursuant to 42 U.S.C. § 300aa-15(e). Case 1:21-vv-00761-UNJ Document 59 Filed 03/20/23 Page 4 of 4 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 s/Voris E. Johnson, Jr. VORIS E. JOHNSON, JR. Senior Trial Attorney Torts Branch, Civil Division U. S. Department of Justice P.O. Box 146, Benjamin Franklin Station Washington, D.C. 20044-0146 Direct Dial: 202-616-3667 Voris.Johnson@usdoj.gov Date: February 15, 2023 2