VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00932
Package ID: USCOURTS-cofc-1_21-vv-00932
Petitioner: Hawke Strickland
Filed: 2021-02-16
Decided: 2023-06-05
Vaccine: influenza
Vaccination date: 2018-11-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Hawke Strickland filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination he received on November 6, 2018. He further alleged that his shoulder injury persisted longer than six months. The respondent conceded that Petitioner's claim met the Table criteria for SIRVA, noting that he had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injected shoulder. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement. Based on the respondent's concession and the evidence of record, the Chief Special Master found Petitioner entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent proffered an award of $47,500.00 for pain and suffering, which Petitioner agreed to. The court awarded Petitioner a lump sum payment of $47,500.00 as compensation for all damages.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00932-0
Date issued/filed: 2023-06-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/27/2023) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00932-UNJ Document 36 Filed 06/02/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0932V
UNPUBLISHED
HAWKE STRICKLAND, Chief Special Master Corcoran
Petitioner, Filed: April 27, 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)
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On February 16, 2021, Hawke Strickland 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 influenza vaccination he received on November
6, 2018. Petition at 1. Petitioner further alleges that his shoulder injury has persisted
longer than six months. Petition at ¶19. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 26, 2023, Respondent filed his Rule 4(c) Report Recommending
Compensation and Proffer of Compensation (“Rule 4/Proffer”) in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)/Proffer at 1.
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-00932-UNJ Document 36 Filed 06/02/23 Page 2 of 2
Specifically, Respondent states “Petitioner’s claim meets the Table criteria for SIRVA.
Specifically, Petitioner had no apparent history of pain, inflammation or dysfunction of the
affected shoulder prior to intramuscular vaccine administration that would explain the
alleged signs, symptoms, examination findings, and/or diagnostic studies occurring after
vaccine injection; he more likely than not suffered the onset of pain within forty-eight hours
of vaccine administration; his pain and reduced range of motion were limited to the
shoulder in which the intramuscular vaccine was administered; and there is no other
condition or abnormality present that would explain Petitioner’s symptoms.” Id. at 4.
Respondent further states that “the records show the case was timely filed, that the
vaccine as received in the United States, and that Petitioner satisfies the statutory severity
requirement by suffering the residual effects or complications of his injury for more than
six months after vaccine administration.” 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-00932-1
Date issued/filed: 2023-06-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/27/2023) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00932-UNJ Document 37 Filed 06/05/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0932V
UNPUBLISHED
HAWKE STRICKLAND, Chief Special Master Corcoran
Petitioner, Filed: April 27, 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)
Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner.
Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 16, 2021, Hawke Strickland 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 influenza vaccination he received on November
6, 2018. Petition at 1. Petitioner further alleges that his shoulder injury has persisted
longer than six months. Petition at ¶19. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 26, 2023, Respondent filed a Rule 4(c) Report Recommending
Compensation and Proffer of Compensation (“Rule 4/Proffer”). ECF No. 28. On April 27,
2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation for
his SIRVA. ECF No. 29. Respondent’s Rule 4/Proffer indicates that Petitioner should be
awarded $47,500.00 as an award for pain and suffering. Rule 4/Proffer at 5. In the Rule
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-00932-UNJ Document 37 Filed 06/05/23 Page 2 of 2
4/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 Rule 4/Proffer, I award Petitioner a lump sum
payment of $47,500.00 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 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